The Nuix Ltd (ASX: NXL) share price continues to be plagued by its disastrous 2020 initial public offering (IPO).
Yesterday, the company announced a third class action relating to its market disclosure since listing in November 2020.
Third class action
The Nuix share price has been under pressure since two previous class actions were launched in November last year.
The business has already racked up $9.1 million in legal bills, with more on the horizon.
Today’s class action is being commenced by Banton Group on behalf of Stella Stefana Bahtiyar and other investors who acquired shares in Nuix between 18 November 2020 and 31 May 2021.
Banton is also leading class actions against Tyro Payments Ltd (ASX: TYR) and Murray Darling Basin Authority.
Specifically, the claim alleges Nuix breached its disclosure obligations regarding its prospectus and subsequent disclosure relating to FY21 revenue.
Nuix raised $953 million on December 4 2020, less than a month before the end of its half-year reporting date of 31 December.
On February 26 2021, the business stated revenue of $85.3 million, representing 44% of the full-year forecast in the prospectus.
The Nuix share price subsequently slid 32%. In April, the business cut its own forecasts further downward.
Nuix disputes the allegations and will be defending the claim.
The claim does not specify the damage sought.
Not out of the woods yet
It’s never a good sign when a company is fighting so many class actions that they begin to overlap.
Such is the case for Nuix, with the Supreme Court is in the process of dealing with overlapping claims.
“Nuix anticipates that this claim will also be dealt with as part of that process”
Positively for the Nuix share price, the Australian Securities and Investment Commission (ASIC) has completed its investigation into the Nuix prospectus and decided to take no further enforcement action.
The financial watchdog is still investigating Nuix’s market disclosure since listing.
What next for the Nuix share price?
The Nuix share price is down 76% since its IPO price and has already seen the departure of its CEO and CFO.
Could the business be a value play?
Possibly. But the risks are far too high for me. Binary outcomes are difficult to predict and ones I try to avoid.
Furthermore, the Nuix share price will continue to be impacted by class actions until a settlement or verdict is reached.
It’s easier (and less stressful) to sit on the sidelines for now until the market has more clarity on the class actions.
