Litigation

The following actions have been filed against AWB Limited.

Civil lawsuit

Republic of Iraq vs 93 companies who participated in the UN Oil-for-Food program.

Filed in the US District Court for the Southern District of New York on 27 June 2008.

• ASX announcement: Iraqi Government civil lawsuit
• Original Complaint (PDF 1,358 Kb) as filed by the Plaintiffs on 27 June 2008

Class Actions

Karim vs AWB Limited and BNP Paribas

Filed in the US District Court, New York on 22 December 2006. On 10 October 2007 AWB lodged a Motion to Dismiss the Karim class action against AWB, BNP Paribas, and Commodity Specialists Company, brought by plaintiffs who are allegedly residents of the three northern governorates of Iraq.

• Reply Memorandum of Law in Support of Defendants AWB Limited's and AWB (U.S.A.) Limited's Motion to Dismiss the Amended RICO Class Action Complaint - AWB Reply Brief (PDF 1,294 Kb) filed on 15 March 2008
• Supplemental Declaration of Craig Phillips in Further Support of Defendants AWB Limited's and AWB (U.S.A.) Limited's Motion to Dismiss the Amended RICO Class Action Complaint - Supp. Phillips Declaration with Exhibits.pdf (PDF 421Kb) filed on 15 March 2008
• Declaration of Haider Selman Hasan in Support of Defendants AWB Limited's and AWB (U.S.A.) Limited's Motion to Dismiss the Amended RICO Class Action Complaint - Hasan Declaration.pdf (PDF 161 Kb) filed on 15 March 2008
• Plaintiff Opposition to AWB - Motion To Dismiss (PDF 3,094 Kb) dated 8 February 2008
• Notice of Motion to dismiss (PDF 91 Kb) and Memorandum of Law in support of Defendants motion to dismiss (PDF 956 Kb)  as filed by AWB on 10 October 2007
• ASX announcement: Class actions – 14 September 2007
• Further Amended Complaint - pages 1-64 (PDF 2,562 Kb) and Further Amended Complaint - pages 65-136 (PDF 2,773 Kb) as filed on behalf of Plaintiffs on 15 June 2007
• 2007 Annual General Meeting: Chairman's Speech – 22 February 2007 (PDF 68 Kb)
• ASX announcement: Statement from AWB – 25 January 2007 (PDF 23 Kb)

Saadya Mastafa and Kafia Ismail v AWB Limited and AWB (USA) Limited and BNP Paribas

Filed in the US District Court for the Southern District of New York. On 14 December 2007, AWB lodged with the Court a Motion to Dismiss this complaint.

• Reply Memorandum of Law in Support of Defendants Motion to dismiss (PDF 852 Kb) as filed by AWB on 7 April 2008
• Supplemental Declaration of Craig Phillips in further support of Defendants Motion to Dismiss (PDF 311 Kb) as filed by AWB on 7 April 2008
• Plaintiffs' Opposition to AWB's Motion to Dismiss (PDF 185 Kb) as filed by Plaintiffs on 22 February 2008
• Notice of Motion to dismiss - pages 1-47 (PDF 1,526 Kb), Notice of Motion to dismiss - pages 48-124 (PDF 3,148 Kb) and Memorandum of Law in support of Defendants motion to dismiss (PDF 2,443 Kb) as filed by AWB on 14 December 2007
• ASX announcement: Class actions – 14 September 2007
• Complaint (PDF 1,177 Kb) as filed by Plaintiffs on 11 September 2007

Watson shareholder action

Filed in the Australian Federal Court on 17 April 2007. AWB has lodged its Defence against the Watson action against AWB in the Federal Court of Australia, in which the plaintiffs are claiming damages for alleged non-disclosure of material information.

• ASX announcement: Class actions – 14 September 2007
• Defence (PDF 181 Kb) as filed by AWB on 10 September 2007
• Further Amended Statement of Claim (PDF 621 Kb) as filed by Plaintiffs on 27 August 2007
• ASX announcement: Confirmation of shareholder class action – 24 April 2007 (PDF 49 Kb)

Consolidated complaint – “US Wheat Grower” (Boyd & Switzer, Erb and Brothers)

Filed in the US District Court, New York. AWB Limited has been advised that the class action filed on behalf of US wheat growers against AWB has been dismissed by the US District Court for the Southern District of New York. (The Court has previously consolidated the Boyd & Switzer, Erb, and Brothers claims into the one class action by growers, under the Boyd name.)

 

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