Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mitsui & Co Ltd v Hanwha (HK) Co Ltd [2007] FCA 2070
CORPORATIONS – application for approval of compulsory acquisition of securities in Notice – s 664F Corporations Act 2001 (Cth) – preliminary issue – whether Notice sets out "cash sum" – s 664C(1)(a) – applicant lodged Notice with ASIC and despatched to minority shareholders offering a cash amount per share but subject to adjustment at some unstipulated time after date of Notice – Notice did not set out "cash sum".
WORDS AND PHRASES – "cash sum" – s 664C(1)(a) Corporations Act 2001 (th)
Corporations Act 2001 (Cth), ss 449E(1)(a), 621(1), 661A, 664AA, 664B, 664C(1)(a), 664D, 664E. 664F, 666B, 1322(4)(d) Black Marketing Act 1942 Sugar Acquisition Act 1915 Qld), s 6(1)
Brierley v Dextran Pty Ltd (1990) 9 ACLC 30 discussed Cann's Pty Ltd v The Commonwealth (1946) 71 CLR 210 cited Capricorn Diamonds Investments Pty Ltd v Catto (2002) 5 VR 61 discussed Fraser Henliens Pty Ltd v Cody (1945) 70 CLR 100 followed King Gee Clothing Co Ltd v The Commonwealth (1945) 71 CLR 184 cited Racecourse Co-operative Sugar Association Limited v Attorney-General of the State of Queensland (1979) 142 CLR 460 followed Re Korda; in the matter of Stockford Ltd [2004] FCA 1682 followed MITSUI & CO LTD (ARBN 001 855 465) v HANWHA (HK) CO LTD WAD 63 OF 2007
GILMOUR J
20 DECEMBER 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 63 OF 2007
BETWEEN: MITSUI & CO LTD (ARBN 001 855 465)
Applicant
AND: HANWHA (HK) CO LTD
Respondent
JUDGE: GILMOUR J
DATE OF ORDER: 20 DECEMBER 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 63 OF 2007
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