Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kumarina Resources Ltd, in the matter of Kumarina Resources Ltd [2013] FCA 549 Citation: Kumarina Resources Limited, in the matter of Kumarina Resources Limited [2013] FCA 549
Parties: KUMARINA RESOURCES LIMITED (ACN 142 774 150)
File number: WAD 78 of 2013
Judge: GILMOUR J
Date of judgment: 4 June 2013
Catchwords: CORPORATIONS – scheme of arrangement – second hearing – objections to scheme - whether to make orders approving the scheme of arrangement between the plaintiff and its members – whether the requirement that 75% of votes cast be in favour of the scheme had been satisfied – whether the Court should exercise its discretion and refuse to approve the scheme
Legislation: Corporations Act 2001 (Cth) ss 12(2)(c), 15(1)(c), 411(2), 411(4)(a)(ii), 411(4)(b), 411(11), 411(12), s 412(7) Australian Securities and Investments Commission, Regulatory Guide 60: Schemes of arrangement, December 2009
Cases cited: In the Matter of Chevron (Sydney) Ltd [1963] VR 249 Re Archaean Gold NL (1997) 23 ACSR 143 Re Aston Resources Limited [2012] FCA 229 Re Challenge Bank Ltd (1995) 19 ACSR 421 Re Hellenic & General Trust Ltd [1976] 1 WLR 123 Re Landmark Corporation Ltd [1968] 1 NSWR 759 Re Normandy Mining Ltd (No 4) (2002) 40 ACSR 474 Re oOh!Media Group Limited, in the matter of oOh!Media Group Limited [2012] FCA 26 Re Opes Prime Stockbroking Ltd (No 2) (2009) 179 FCR 20 Re Talison Lithium Ltd, in the matter of Talison Lithium Ltd [2013] FCA 194 Sovereign Life Assurance Company v Dodd [1892] 2 QB 573
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