Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cape Alumina Limited, in the matter of Cape Alumina Limited [2013] FCA 1212 Citation: Cape Alumina Limited, in the matter of Cape Alumina Limited [2013] FCA 1212
Parties: CAPE ALUMINA LIMITED ACN 107 817 694
File number: NSD 2150 of 2013
Judge: FARRELL J
Date of judgment: 18 November 2013
Catchwords: CORPORATIONS – scheme of arrangement – content of explanatory statement – whether interests are class creating – break fee – where break fee greater than 1% guidance – where break fee reflects actual costs – exclusivity arrangements – director's duties
Legislation: Corporations Act 2001 (Cth) ss 411(1), 411(10), 1319 Corporations Regulations 2001 (Cth) rr 5.6.12, 5.6.14-5.6.36A Federal Court (Corporations) Rules 2000 (Cth) r 3.4(3)(b)
Cases cited: Associated Advisory Practices Limited, in the matter of Associated Advisory Practices Limited [2013] FCA 761 People Telecom Limited, in the matter of People Telecom Limited [2009] FCA 180 Re Rural Press Ltd (2007) 61 ACSR 373 Re Hills Motorway Ltd (2002) 43 ACSR 101 Straits Resources Limited, in the matter of Straits Resources Ltd [2010] FCA 1466
Date of hearing: 4 November 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 46
Counsel for the Plaintiff: Mr M Oakes SC
Solicitor for the Plaintiff: McCullough Robertson Lawyers
Counsel MetroCoal Limited: Mr M Hansel
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2150 of 2013
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