Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MBF Australia Limited, in the matter of MBF Australia Limited and the Corporations Act (No 2) [2008] FCA 693
MBF AUSTRALIA LIMITED (ACN 000 057 590)
NSD 2358 of 2007
LINDGREN J
19 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2358 of 2007
IN THE MATTER OF MBF AUSTRALIA LIMITED (ACN 000 057 590) BETWEEN: MBF AUSTRALIA LIMITED (ACN 000 057 590)
Plaintiff
JUDGE: LINDGREN J
DATE OF ORDER: 14 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 411(4) of the Corporations Act 2001 (Cth) (the Act), the scheme of arrangement between MBF and its members (the Scheme), a copy of which is annexed and which forms Schedule 2 of the explanatory statement entitled "MBF Information Memorandum", be approved. 2. Pursuant to s 411(12) of the Act, the Plaintiff be exempt from compliance with s 411(11) of the Act in relation to the Scheme. 3. These Orders be entered forthwith. 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 NSD 2358 of 2007
IN THE MATTER OF MBF AUSTRALIA LIMITED (ACN 000 057 590) BETWEEN: MBF AUSTRALIA LIMITED (ACN 000 057 590)
Plaintiff
JUDGE: LINDGREN J
DATE: 19 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT (No 2) (second court hearing)
Introduction 1 On 19 March 2008, I made an order pursuant to s 411(1) of the Corporations Act that the plaintiff (MBF) convene a meeting of its members for the purpose of their considering, and, if thought fit, agreeing (with or without modification) to a scheme of arrangement between MBF and its members. The reasons for the making of that order were published as MBF Australia Limited, in the matter of MBF Australia Limited [2008] FCA 428 (the Earlier Reasons), and I will take the Earlier Reasons as read and as being incorporated in these present reasons for judgment. As well, I will use in these reasons the abbreviated forms of reference that I used in the Earlier Reasons. 2 On 12 May 2008, the meeting of the members of MBF was held. The outcome of the meeting was that a resolution that the members agree to the Scheme was carried, with 98.33% (329,605 votes) of the votes cast being cast in favour of the resolution, and 1.67% (5,592 votes) of the votes cast being cast against the resolution. The resolution was therefore passed by a majority in number of members present and voting (in person or by proxy): see s 411(4)(a)(ii)(A) of the Act. 3 MBF applied for an order under s 411(4) of the Act approving the Scheme, and on 14 May 2008 I made that order. These reasons are the reasons why I did so.
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