Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tower Australia Group Limited, in the matter of Tower Australia Group Limited (No 2) [2011] FCA 432 Citation: Tower Australia Group Limited, in the matter of Tower Australia Group Limited (No 2) [2011] FCA 432
Parties: TOWER AUSTRALIA GROUP LIMITED (ABN 79 003 401 698)
File number: NSD 234 of 2011
Judge: STONE J
Date of judgment: 5 May 2011
Catchwords: CORPORATIONS – Corporations Act 2001 (Cth) – s 411(4)(b) – scheme of arrangement – application for orders approving scheme – Court has supervisory jurisdiction – commerciality of proposal not a matter for the Court – not bound to approve scheme merely because previous orders made convening a meeting of shareholders or statutory majorities obtained – concerned with whether scheme has been fairly and fully presented to members – must be satisfied there has been an absence of oppression – whether reference to 'associate' in definition of 'Target Shareholder' precisely identifies those shareholders bound by the scheme – no practical ambiguity or suncertainty in the circumstances – scheme approved
Legislation: Corporations Act 2001 (Cth) ss 411, 412 Corporations Regulations 2001 reg 5.6.13
Cases cited: Prime Infrastructure Holdings Limited [2010] NSWSC 1337 Re Seven Network Ltd (No 3) (2010) 267 ALR 583
Date of hearing: 21 April 2011
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