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 AWB reaches $40m class action settlement 

AWB reaches $40m class action settlement

15 Feb, 2010 04:56 PM
AWB has reached a $39.5 million settlement agreement with shareholders who were suing the company as part of a class action brought on the grounds of AWB's failure to properly keep them informed of its business transactions in Iraq.

The proposed settlement is now subject to Federal Court approval, where the claimants have been pursuing the matter.

Justice Lindsay Foster began hearing the case in the Federal Court in Sydney last week after retired farmers and former AWB shareholders John and Kaye Watson filed the class action, brought by plaintiff law firm Maurice Blackburn and funded by litigation funder IMF (Australia), against AWB in April 2007.

Since then more than 1000 other retail and institutional shareholders joined the action. They were claiming $100 million in losses as a result of a drop in AWB shares when the 2006 Cole inquiry investigated AWB’s payment of more than $290 million to the Iraq’s former Saddam Hussein regime between 1999 and 2003.

According to AWB, if the settlement is approved by the Federal Court the class action against AWB will be dismissed without admission of liability by AWB.

AWB chairman Peter Polson said the "commercially acceptable settlement" was in the best interests of shareholders.

Under the terms of the proposed settlement, AWB will make a payment of $39.5m to the claimants - a sum which also covers their legal costs.

The pre-tax amount will be recorded as a significant item in the 2009/10 half-year accounts, AWB said.

In a statement to the media AWB said the proposed settlement would have no impact on the company's commercial operations or its strategic direction.

"The company is pleased to put this matter behind it as this is the final legal matter directed against the company in Australia arising out of activities under the United Nations Oil For Food program," Mr Polson said.

AWB shares lost about one-third of their value in the month after the Cole inquiry began in January 2006.

This afternoon, AWB shares jumped 7 cents to $1.06 on the news, while IMF shares rose 3.5 cents to $1.735.

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Date: Newest first | Oldest first
Wow so AWB settles to avoid this going any further... I hope this silences the supporters of AWB as no matter how they spin it, this is an admission of guilt. Where is the culpability of management or are they too busy lapping up their golden handshakes??? Appaulling governance, management and greed has destroyed what was once an Australian grain farmers best interest. Sadly the blind ignorance of agro-politicans and lack of being able to question AWB's actions has resulted in this. Nice work GCA and NSWFA.
Posted by JC, 16/02/2010 7:59:51 AM
This is a slap in the face to every aussie who has been fined for a speeding ticket!
Posted by tigerdicky, 16/02/2010 8:32:41 AM
JC I cannot see what NSWFarmers has to do with what AWB did or did not do. NSWFarmers stood up for the thousands of shareholders who were set up to lose not only their investment in this company but any farmer involvement on the board. This company was also the company that ran the National Pool and by the reports coming back about the disfunction and risk shifting deregulation has caused, they did not do a bad job but a lot of changes to better support growers were needed, a better system than what AWB provided. NSWFarmers was at the front with the other states building the model for a new National Pool operator under the Auswheat plan. It's easy to point the finger JC if you do not know the facts and by your statement I can clearly see that you don't. NSWFarmers has and will fight for the policies set by its members. The disaster unfolding with this year's wheat sales and the dysfunction and the losses also incured last year were clearly predicted and documented to the Government and its members. It pays to be informed JC.
Posted by Mark, 16/02/2010 1:33:11 PM
What a selective memory some people seem to have! Go back ten years and the GCA and all its members, including the NSWFA, were stout defenders of the corporate AWB Ltd and refused to consider any reform, however small. AWB Ltd from 1999 onwards had no effective governance or accountability. Remember the millions of dollars sucked out of the National Pool under the remuneration model? Remember the detail revealed under the Senate enquiries when wheat growers learned how business was done by AWB Ltd? Senior executives on $500 k packages? The Wheat Industry Benchmark? All defended by the GCA and its members at the time.
Posted by Laughing, 16/02/2010 5:38:58 PM
This has to be the strangest court case I have ever seen. Shareholders suing themselves and their fellow shareholders. Should those shareholders who chose not to sue now sue to protect their interests? The lawyers would love it. AWB was subjected to a huge and savage barrage of destructive comment from incompetent politicians, journalists and editors, assisted by the Howard government to avoid having the general public notice that it was involved in this matter up to its ears. This is what caused the collapse in the share price. No board could make allowances for that. Without any extraordinary source of information I knew that AWB was paying "inland freight" charges to cover the cost of cartage from port to inland destinations in Iraq, initially at the rate of $15 a tonne, a very low figure indeed by Australian standards. This information came to me with the supporting information that this had the approval of both the UN and the Australian government. It is nonsense, a lie, that this information was withheld from anybody. More in blog2.
Posted by Ted O'Brien, 21/02/2010 1:05:20 PM
Continuing. It is nonsense, a lie, that this information was withheld from anybody. It was in the public domain. How was this lie allowed to stand? AWB has been severely dudded here by the Howard government in particular, and the Australian media in general. And then there's the lawyers.
Posted by Ted O'Brien, 21/02/2010 1:10:14 PM
JC. Had you read the story you would have seen that this is not an admission of guilt. This is an admission that the cost of fighting it could well be more than $40 million.
Posted by Ted O'Brien., 22/02/2010 8:55:58 PM

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POLL
Q: Have your voting intentions changed since Tony Abbott became leader of the federal Opposition?

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(32.2%)

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