Sirtex Medical Limited (ASX code: SRX)
Open Class Action Registration
Registrations Close 4pm (AEDT) on 1 November 2018
A class action was commenced in the Federal Court of Australia by Pawel Kuterba (Mr Kuterba) against Sirtex Medical Limited (Sirtex) (Federal Court proceeding number VID1375/2017), funded by IMF Bentham Limited (IMF).
At the time of filing Mr Kuterba’s proceeding, Sirtex was facing another class action in the Federal Court of Australia, brought by Mr Todd Hayward (Mr Hayward), funded by Australian Funding Partners Limited (AFPL).
In the interests of the efficient prosecution of the proceedings against Sirtex, Mr Kuterba, Mr Hayward and their respective funders agreed to consolidate the proceedings into a single proceeding. On 30 April 2018, the Court made orders that:
- Mr Kuterba and Mr Hayward be joint representative applicants in a consolidated proceeding against Sirtex, and Mr Kuterba’s claim be amended to include Mr Hayward’s claim; and
- Maurice Blackburn be the solicitors on the record for the joint applicants in the consolidated proceeding.
The claims arise out of allegedly misleading statements made by Sirtex to the Australian Securities Exchange (ASX) in 2016 in relation to its earnings and sales growth, followed by a further announcement by Sirtex confirming an external investigation into the share trading activities of its then-CEO Gilman Wong. Such conduct is alleged to have caused loss and damage to Sirtex shareholders who acquired an interest in Sirtex shares in the period from 24 August 2016 to 6.09 pm on 16 December 2016 (inclusive) (Relevant Period).
Are you a Class Member?
You are a Class Member in the Sirtex Class Action if you:
- acquired an interest in ordinary shares in Sirtex during the period from 24 August 2016 to 6.09 pm on 16 December 2016 (inclusive);
- have suffered loss or damage by reason of the conduct of Sirtex, as alleged in the Third Further Amended Statement of Claim; and
- are not any of the following as at the date of commencement of the proceeding:
- a related party of Sirtex;
- a related body corporate of Sirtex;
- an associated entity of Sirtex; or
- an officer or a close associate of Sirtex.
If you are a Class Member you should read the Court approved notice regarding the Sirtex Class Action that is available here.
If you are unsure whether you are a Class Member, you should contact Maurice Blackburn at [email protected] or by telephone on 1800 991 534, or seek your own legal advice without delay.
If you want to register to receive compensation
Any person who wishes to receive compensation in the Sirtex Class Action is encouraged to register their status as a Class Member by completing and submitting the Class Member Registration Form to IMF by no later than 4pm (AEDT) on 1 November 2018. You can complete this process by clicking on the Complete Registration Form button below.
Are you already a Registered Class Member?
If you have already signed a Sirtex Class Action Funding Agreement with IMF and/or retained Maurice Blackburn to act for you in the Sirtex Class Action, you are a Registered Class Member and do not need to register again. If you are not sure, you can contact IMF at [email protected] or Maurice Blackburn.
More information about the circumstances of the class action and your options in relation to it are available in the Court approved notice which is also available at the following link https://www.mauriceblackburn.com.au/current-class-actions/sirtex-class-action/.