Shareholders who lost a Federal Court trial in their class action against engineering company Worley are challenging the decision to dismiss the case.
A judge has sided with Worley in a ruling tossing a class action after a trial alleged the engineering company misled shareholders and breached disclosure rules by issuing an overly positive earnings guidance of $322 million for the 2014 financial year.
A judge’s decision to throw out a shareholder class action against engineering company Worley is a loss for plaintiffs lawyers and could result in fewer listed companies willing to settle cases alleging they breached their disclosure obligations, but the ruling is not likely to have a significant chilling effect on securities litigation.
WorleyParsons has abandoned its mid-trial application to shut down a shareholder class action, amid uncertainty about whether the engineering company would be required to surrender its right to call reply evidence if it continued with its submission that it has no case to answer.
Counsel for WorleyParsons has denied the engineering firm’s attempt to end a shareholder class action mid-trial would be the start of a “brave new world” of no-case bids in representative proceedings, saying this was a rare instance of a case with “no chance of success”.
Engineering firm WorleyParsons has told the Federal Court it will press forward with a no case application in an attempt to shut down a shareholder class action against it.
WorleyParsons may seek to shut down a shareholder class action against it due to an “insuperable obstacle” caused by last minute pleading amendments, the engineering firm told a court at the outset of a 21-day hearing.