Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CSR Limited, in the matter of CSR Limited [2010] FCA 33 Citation: CSR Limited, in the matter of CSR Limited [2010] FCA 33
Parties: CSR LIMITED
File number: NSD 1132 of 2009
Judge: STONE J
Date of judgment: 3 February 2010
Catchwords: CORPORATIONS – scheme of arrangement under Pt 5.1 Corporations Act 2001 (Cth) – proposed capital reduction a precondition to scheme taking effect – effect on current and future asbestos related claims – whether scheme unfair or oppressive – whether effect of scheme involving capital reduction on asbestos related claims consistent with public policy and commercial morality – whether adequate disclosure to shareholders
Legislation: Corporations Act 2001 (Cth) s 411, s 256B Company Law Review Act 1998
Cases cited: Re Central Pacific Minerals NL [2002] FCA 239 FT Eastment & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 Re Foundation Healthcare Limited (2002) 42 ACSR 252 Re NRMA Insurance Ltd (2000) 33 ACSR 595 Stork ICM Australia Pty Ltd v Stork Food Systems Australasia Pty Ltd [2006] FCA 1849, (2006) ACLC 208
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