Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lehman Brothers Australia Ltd, in the matter of Lehman Brothers Australia Ltd (in liq) [2013] FCA 486 Citation: Lehman Brothers Australia Ltd, in the matter of Lehman Brothers Australia Ltd (in liq) [2013] FCA 486
Parties: LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 066 797 760, MARCUS WILLIAM AYRES and STEPHEN JAMES PARBERY
File number: NSD 622 of 2013
Judge: JACOBSON J
Date of judgment: 28 May 2013
Catchwords: CORPORATIONS – scheme of arrangement – compromise with classes of creditors – whether scheme effective as an arrangement – where releases given to third parties in return for payments made to creditors – whether to approve scheme meetings under s 411 Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 (NSW)
Cases cited: Bacnet Pty Ltd v Lift Capital Partners Pty Ltd (in liq) (2010) 183 FCR 384 FT Eastman & Sons v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 Fowler v Lindholm (2009) 178 FCR 563 Re HIH Casualty and General Insurance Co Ltd (2006) 200 FLR 243; 57 ACSR 791 Re Hills Motorway Ltd (2002) 43 ACSR 101 Re Opes Prime Stockbroking Ltd (2009) 179 FCR 20 Sovereign Life Assurance Co v Dodd [1892] 2 QB 573 Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA 1028
Date of hearing: 22 May 2013
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