If the class action proceeds, it could be structured in a number of ways.
First, the class (that is, the group members) could be limited to only those people who have signed a Funding Agreement. This is known as a "closed" class.
Alternatively, the class action could proceed on an "open" basis in which all persons who acquired an interest in Retail Food Group shares during the Relevant Period will be included, irrespective of whether they have signed a Funding Agreement or not.
A third option could see the class action commenced as a "closed class" but later be "opened" by order of the Court, so that shareholders with claims who did not sign a Funding Agreement are permitted to join the class.
Although the decision is yet to be made, Omni Bridgeway expects the proposed class action will proceed on an "open" basis.
Omni Bridgeway is asking all current and former Retail Food Group shareholders who acquired an interest in shares in Retail Food Group in the Relevant Period to sign a Funding Agreement. If insufficient people sign a Funding Agreement, Omni Bridgeway may decide not to proceed with funding the proposed class action. There are a number of further reasons why signing a funding agreement should be considered, which Omni Bridgeway set out in the Answers to Questions document which is available once you commence the online sign-up process or you can contact the Client Liaison Team on 1800 016 464 or email [email protected] to find out more.