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Court of Appeal rules claim can proceed in UK

Published: 2022-07-08 13:20:33 ET

BHP Group Limited
BHP Group Limited ABN 49 004 028 077
Registered in Australia
Registered Office: Level 18, 171 Collins Street Melbourne VIC 3000
Share code: BHG
ISIN: AU000000BHP4


NEWS RELEASE

Release Time        IMMEDIATE
Date                08 July 2022
Release Number      23/22


                       Court of Appeal rules claim can proceed in UK

BHP Group Limited and BHP Group UK (Ltd) (formerly BHP Group Plc) are defendants to a
group action claim in the United Kingdom (UK) in relation to the Samarco dam failure on 5
November 2015. The group action seeks compensation for individuals, municipalities, private
businesses and other institutions in Brazil following the Samarco dam failure.

The Court of Appeal has heard an appeal by the claimants in the group action against a
decision made by the High Court on 9 November 2020 that dismissed the group action as an
abuse of process. Today, the Court of Appeal has decided to allow the appeal. The judgment
allows the group action to continue in the UK and overturns the earlier decision of the High
Court. BHP is considering whether to seek permission to appeal the judgment to the UK
Supreme Court.

The judgment is not a decision in relation to the merits of the claims made in the group
action. It is concerned with the preliminary question of whether the group action can continue
against BHP in the United Kingdom.

BHP Brasil remains committed to continue supporting the local remediation efforts in Brazil
through the Renova Foundation. Those efforts have already provided BRL9.8bn (~£1.5bn) in
compensation and direct financial aid in relation to the dam failure to over 376,000 people.

BHP will continue to defend the UK group action, which BHP believes is unnecessary
because it duplicates matters already covered by the existing and ongoing work of the
Renova Foundation and legal proceedings in Brazil.
Sponsor: J.P. Morgan Equities South Africa Proprietary

Authorised for lodgement by:
Stefanie Wilkinson
Group Company Secretary


Media Relations                                       Investor Relations

Email: media.relations@bhp.com                        Email: investor.relations@bhp.com


Australia and Asia                                    Australia and Asia

Gabrielle Notley                                      Dinesh Bishop
Tel: +61 3 9609 3830                                  Mobile: +61 407 033 909
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Europe, Middle East and Africa                        Europe, Middle East and Africa

Neil Burrows                                          James Bell
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Americas                                              Americas

Judy Dane                                             Sabrina Goulart
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BHP Group Limited ABN 49 004 028 077
LEI WZE1WSENV6JSZFK0JC28
Registered in Australia
Registered Office: Level 18, 171 Collins Street
Melbourne Victoria 3000 Australia
Tel +61 1300 55 4757 Fax +61 3 9609 3015




BHP Group is headquartered in Australia
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