BAL, 被考虑集体诉仲，登记的人,官司赢了有机会拿回几十%, 输了 no win no fee

41and21

http://www.imf.com.au/cases/register/bellamys-australia-limited-overview



Bellamy’s Australia Limited Class Action

This is a proposed class action on behalf of investors who acquired shares in Bellamy’s Australia Limited (“Bellamys”) (ASX Code: BAL) between:

(a) 14 April 2016 and 1 December 2016 (inclusive) and held some or all of those shares at the time the market closed for trading on 1 December 2016; or

(b) 2 December 2016 and 9 December 2016 (inclusive) and held some or all of these shares at the time the market closed for trading on 9 December 2016.

IMF’s funding of the class action is subject to there being sufficient (estimated) total losses amongst persons who execute Funding Agreements with IMF or, if IMF so directs, a common fund order being sought and obtained in the class action proceedings.
Cause of Action

The proposed claim will allege that between 14 April 2016 and 9 December 2016, Bellamys breached its obligations of continuous disclosure, in contravention of the Corporations Act 2001 (Cth), and engaged in misleading deceptive conduct.  

Further details of the proposed cause of action are available by contacting IMF using the details below.

How much will it cost to be part of the class action?

The class action is being run on a no win, no fee basis, with all costs paid by IMF pursuant to a funding agreement, or an order of the court.  Under the terms of the funding agreement, you will not have to pay any fees unless the class action claims are successfully resolved.  IMF will pay the other side’s costs if the class action is unsuccessful and the claims are lost.

You will have the opportunity to obtain independent legal advice before you sign any document, and IMF encourages you to do so.
Is there a deadline to register interest?

Yes. If you wish to sign a funding agreement, the signup period closes on 28 February 2017.
How do I find out more about the possible class action?

To obtain an information pack regarding the proposed class action, you can register by clicking the green button.  Alternatively you can contact the IMF Client Liaison Team by email on 403345@imf.com.au or by calling 1800 016 464.

nis5

赢了之后公司破产。啥也没了。

小胖子吃辣肉面

无论结果如何，原告被告都是输家，律师是赢家。

lizhi_cn

BAL基本没希望回到之前高位。。。何去何从自己考量吧

腰花儿

墙倒众人推 破鼓万人捶

hongji

支持 暗箱操作股价应该赔钱

patricia15

确实因该赔钱，这两女的自己发财了，害了多少人！

宇宙鱼

这不一定的吧？好想知道在哪里看有多少人登记

liu88

BAL的合理价格在1块以下

qqqsss111

律师们趁火打劫，打赢了公司最后的东西被榨干，彻底完蛋，剩下的那点东西先付律师费，剩下根本不可能够赔投资者。

vph9756

还好我买的不多

韭菜花花

明天看看能不能做空。

nis5

patricia15 发表于 2017-2-3 16:56
确实因该赔钱，这两女的自己发财了，害了多少人！

即使赔钱也是公司赔。她们已经套现走人。

bandery

公司破产了，律师费律师一份不少收，然后第一债权人是员工，到股东手里估计没你现在卖了股票拿的钱多

iami_returns

Bellamy这个名字哪里听说国，好像是做奶粉的吧

iami_returns

看了下The proposed claim will allege that between 14 April 2016 and 9 December 2016, Bellamys breached its obligations of continuous disclosure, in contravention of the Corporations Act 2001 (Cth), and engaged in misleading deceptive conduct.  欺骗投资人，那就基本表示这个公司的质地没有它自己说的这么好，不值那么高的价位，我就不凑这个热闹了

datou1981

韭菜花花 发表于 2017-2-3 21:51
明天看看能不能做空。

空不得啊。。你空了平仓需要有人做多才行啊

tiansen90904

datou1981 发表于 2017-2-4 06:34
空不得啊。。你空了平仓需要有人做多才行啊

如果到时没人做多呢？会有啥结果？花姐赔了吗就？

tu2011

没连董事一块儿告？Negligence？

datou1981

tiansen90904 发表于 2017-2-4 09:49
如果到时没人做多呢？会有啥结果？花姐赔了吗就？

我没有具体操作过。。。但是国内期货就只有等交割了。。

iami_returns

标题里的no win no fee应该改成 no  zuo  no die

operahouse

如果 BAL 输了，赔偿的钱由保险公司出。公司本身，它的高层，包括董事局所有成员，都有各种保险的。超出保险最高赔额的，由公司资产，现金出。

这种集体官司bal 要是输了，过往例子是要拿出几百个百万（>A$200millions)， 登记打官司的人一般能拿回30-70%损失金额。

yourock

operahouse 发表于 2017-2-4 12:23
如果 BAL 输了，赔偿的钱由保险公司出。公司本身，它的高层，包括董事局所有成员，都有各种保险的。超出保 ...

有例子吗?

operahouse

yourock 发表于 2017-2-4 14:07
有例子吗?

悉尼晨锋报的这篇文章可以很好地解释集体诉仲，其中提到 1999年-2003年 GIO 集体诉仲2万2千人胜诉，每人每块钱损失拿回60cent，60%的损失拿了回来，没有参加集体诉仲的投资者损失一分钱都拿不到。

http://www.smh.com.au/business/c ... -20090718-doz9.html

operahouse

Class conscious: rise of the class action

Jan McCallum
Big cash settlements are encouraging more investors to pursue class actions.

THEY run for years, cost millions of dollars and pit small investors against major corporations, but shareholder class actions are on the rise.

Actions are proposed or under way against National Australia Bank, OZ Minerals, AWB and Centro Properties, for instance.

The financial crisis has meant more shareholders will seek to recover losses, but the downturn will make claims more complicated as shareholders will have to prove they suffered a loss because of the company's misleading conduct or failure to disclose important information.

Companies are likely to argue that losses could not have been foreseen in the meltdown.

Simon Diuzniak, investment manager of the litigation funder IMF Australia, said investors and fund managers were frequently in contact to suggest actions but often there was not a strong enough case or money left to compensate shareholders.

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The firm turned down most cases it was offered and only funded the "blatant cases" that had caused significant loss.

"These are not cheap to run, it has got to be a multimillion-dollar claim."

Mr Diuzniak said the firm, which has 11 shareholder actions proposed or under way, would make an assessment as to whether a company had misled the market, whether its conduct was egregious or flagrantly bad and whether there were enough shareholders to make a case worth pursuing.

A shareholder class action is the only realistic way small investors can take on a large corporation. An action tries to prove the company had engaged in misleading conduct, such as misstating earnings or debt, or that it failed to disclose important information to the market and investors lost money as a result.

Such actions are relatively new in Australia. The first was against the insurer GIO in 1999 and centred on statements made during a hostile takeover.

The case was settled in 2003 with a payment of 60 cents in the dollar to 22,000 shareholders.

Only two large institutional investors joined the case but that is changing, the chairman of legal firm Maurice Blackburn, Bernard Murphy, said. Mr Murphy spent many fruitless hours travelling the country trying to get fund managers involved in taking on GIO.

He said that in last year's Aristocrat Leisure case, Australia's largest class action settlement at $144.5 million, more than 90 per cent of the claim was from institutions.

It is typical for institutions to account for most of the amount claimed, although small shareholders comprise 90 per cent of the claimants.

Shareholder class actions are growing due to more Australians owning shares, the publicity over cases and the emergence of litigation funders such as IMF, which is listed on the stock exchange.

The litigation is usually fought on a no-win, no-fee basis, and disgruntled shareholders have to opt in by signing an agreement with the legal firm running the case and the litigation funder, who takes the financial risk by paying the costs. The law firm's charge will relate to its hours worked, with a bonus called an "uplift" if it wins, but the funder gets a success fee, usually between 20 and 40 per cent of the settlement.

Although concerns have been raised of a US-style explosion of litigation, Associate Professor Vince Morabito of Monash University's department of business law said class actions here were so expensive that firms would not run them unless they were 80 per cent certain of success.

"In Australia, if you lose, you have to pay a significant proportion of the defendant's total cost and that is a big disincentive to starting a case which has no substantive merit," he said. "The floodgates won't be opening."

Bernard Murphy said cases continued to be vigorously contested and his firm would only start one if the misconduct was egregious and the losses material.

Cases are often settled out of court during a trial, which means there are few precedent-setting judgments and decisions can drag on as they are appealed.

"Over time I think we will see them become more streamlined as the case law becomes more settled and judges become more experienced, and the defendants realise that trial by attrition is not an effective strategy," Mr Murphy said.

The defending companies are also disadvantaged by the lack of case law, according to Jason Betts, senior associate at legal firm Freehills, which advises companies on class actions.

He said directors and executives were becoming more concerned about the prospect of litigation but did not have judgments to provide guidance on how courts might interpret the law.

Mr Betts said the fear of action was making companies re-examine their procedures for disclosing information to the market. Business was also worried that Australia might be following the US where claims with little merit are filed with the aim of securing an early settlement.

A stumbling block to class actions is whether, if a company has gone broke, there will be money to compensate investors, an issue that has been raised regarding proposed action against ABC Learning Centres.

Mr Murphy has no doubt that shareholder class actions will lead to changes in corporate behaviour, just as smoking and asbestos ones caused changes.

"Litigation costs money and money drives corporate decisions," he said.

What to consider if you are approached to join a class action:?Has there been serious misconduct?

?Has there been material loss?

?What are the terms of your involvement, e.g. is it no-win, no-fee, or are you exposed to costs? Would you have to contribute to a fighting fund?

?Do the law firm and funder have experience and a reputation in the field?

?In which jurisdiction is the case being fought? Most class actions go to the Federal Court but Victoria also has class action legislation. The situation might not be so clear in other states.

lhz26

去年好像还有个MGC，也是集体诉讼，现在没信了，大概是黄了。

啤酒肚

lhz26 发表于 2017-2-4 20:59
去年好像还有个MGC，也是集体诉讼，现在没信了，大概是黄了。

集体诉讼好像又来了，这样的集体诉讼参加有意义吗？不等于是自己告自己吗？打赢了，公司倒了，股票也一文不值了。

苍满满

vph9756 发表于 2017-2-3 20:15
还好我买的不多

原来是你造成了2年前的BAL崩盘！！！！
我突然觉得脊背凉飕飕的，真的想跳机了

苍满满

vph9756 发表于 2017-2-3 20:15
还好我买的不多

哥，请您悄悄PM我，你都现在持有什么股份？ 我帮你分析分析吧 (monkey24)

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