Gilbert + Tobin is advising the Cargill Parties in complex proceedings in the Supreme Court of Victoria, concerning allegations of false and misleading statements by Glencore and Viterra Limited during the sale of the JWM malting business in 2013.
Cargill acquired the business for A$420 million after a competitive sale process. Cargill subsequently identified entrenched historical practices, undertaken when the business was owned by Glencore and Viterra, of systematically supplying malt that did not comply with specifications and contractual requirements to customers, without the customers being informed.
G+T has been acting for the Cargill Parties throughout the fiercely contested proceedings. This has included G+T successfully obtaining orders for production of Glencore and Viterra’s privileged documents on the basis of the crime fraud exception and successfully defending applications by Glencore to use USA District Court proceedings to take depositions from USA-based executives. The matter has also involved extensive evidence, including complex expert evidence.
G+T Disputes + Investigations Partner Janet Whiting is leading the G+T team with the support of Christiana McCudden, partner, and lawyers Jessica Paton and Elizabeth Hilliard assisting. The matter is ongoing.