More than 29,000 BHP shareholders have a class action following the Fundao Dam collapse. -AP
A class action against BHP over a 2015 Brazilian dam collapse that killed 19 people can proceed despite not all of the claimants being Australian residents, following a High Court of Australia ruling.
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The group of more than 29,000 people held BHP shares on the Australian Stock Exchange, the London Stock Exchange and the Johannesburg Stock Exchange before the Fundao Dam failure.
The class action covers a period from October 2013 until the collapse on November 9, 2015.
The claimants alleged they suffered losses because BHP failed to meet its stock exchange disclosure obligations and because the company was misleading or deceptive.
BHP argued any claimants who were non-Australian resident shareholders could not legally be part of the class action.
But the High Court on Wednesday dismissed BHP's appeal, ruling the legislation does not restrict a claimant's geographical location or territory.
