Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CORPORATIONS – power under s 730 of Corporations Law to modify operation of Chapter 6 – declaration permitting compulsory acquisition of shares issued after takeover period on exercise of options – whether declaration beyond power.
Corporations Law, ss 701(2), 703(4)-(8) and 730.
Brierley v Dextran Pty Ltd (1990) 3 ACSR 455considered.
O.P.S.M. Industries Ltd v NCSC (1982) 1 ACLC 479 considered.
Otter Gold Mines Ltd v ASC (1997) 25 ACSR 382 considered.
Peninsula Gold Pty Ltd v ASC (1996) 21 ACSR 246 considered.
TNT Ltd v NCSC (1986) 4 ACLC 624 considered.
DB Management Pty Limited v Australian Securities Commission, Southcorp Wines Pty Limited, Batoka Pty Limited & Winpar Holdings Limited
Ng 939 of 1997
whitlam j
sydney
7 July 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 939 of 1997
BETWEEN: DB MANAGEMENT PTY LIMITED
Applicant
AND: aUSTRALIAN SECURITIES commission
FIRST RESPONDENT
SOUTHCORP WINES PTY LIMITED
SECOND RESPONDENT
BATOKA PTY LIMITED
THIRD RESPONDENT
WINPAR HOLDINGS LIMITED
FOURTH Respondent
JUDGE: WHITLAM J
DATE OF ORDER: 7 july 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The applicant and the third and fourth respondents pay the costs of the first and second respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 939 of 1997
BETWEEN: DB MANAGEMENT PTY LIMITED
Applicant
AND: aUSTRALIAN SECURITIES commission
FIRST RESPONDENT
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate