Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sylvastate Limited, in the matter of Sylvastate Limited (No 2) [2011] FCA 441 Citation: Sylvastate Limited, in the matter of Sylvastate Limited (No 2) [2011] FCA 441
Parties: SYLVASTATE LIMITED (ACN 000 014 782)
File number: NSD 228 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 – concerned with whether scheme has been fairly and fully presented to members – whether all necessary preliminary steps satisfied – Court satisfied – scheme approved
Legislation: Corporations Act 2001 (Cth) ss 411(1), 411(4)(a)(ii), 411(4)(b), s 411(17)(b)
Date of hearing: 28 April 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Plaintiff: M Oakes SC
Solicitor for the Plaintiff: DLA Phillips Fox Lawyers
Counsel for Whitefield Limited: A Zahra
Solicitor for Whitefield Limited: Anzarut & Holm Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 228 of 2011
IN THE MATTER OF SYLVASTATE LIMITED (ACN 000 014 782) Sylvastate Limited (ACN 000 014 782)
Plaintiff
JUDGE: STONE J DATE OF ORDER: 28 April 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Pursuant to section 411(4)(b) of the Corporations Act 2001 (Cth), the Scheme of Arrangement between the Plaintiff and its members (other than Whitefield Limited), a copy of which is annexed hereto and marked 'A', be approved. 2. Pursuant to section 411(12) of the Act, the Plaintiff be exempted from compliance with sections 411(11) of the Act, in relation to the Scheme of Arrangement referred to in Order 1. 3. These orders be entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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