Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xceed Resources Ltd, in the matter of Xceed Resources Ltd [2014] FCA 170 Citation: Xceed Resources Ltd, in the matter of Xceed Resources Ltd [2014] FCA 170
Parties: XCEED RESOURCES LTD (ABN 79 009 181 006)
File number: WAD 438 of 2013
Judge: GILMOUR J
Date of judgment: 6 February 2014
Catchwords: CORPORATIONS – scheme of arrangement – s 411 of the Corporations Act 2001 (Cth) – procedural irregularity cured – expert report concluded scheme not fair but reasonable – best interests of shareholders – exemption granted pursuant to s 411(12) – scheme approved.
Legislation: Corporations Act 2001 (Cth) ss 411(4)(b), 411(6), (11), (12), (17), 1322(2)
Cases cited: Investorinfo Limited (ACN 088 838 779), in the matter of Investorinfo Limited (ACN 088 838 779) [2005] FCA 1848
Date of hearing: 6 February 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 11
Counsel for the Plaintiff: Mr A J Papamatheos
Solicitor for the Plaintiff: Steinepreis Paganin
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 438 of 2013
IN THE MATTER OF XCEED RESOURCES LTD (ABN 79 009 181 006) XCEED RESOURCES LTD (ABN 79 009 181 006)
Plaintiff
JUDGE: GILMOUR J DATE OF ORDER: 6 FEBRUARY 2014 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Pursuant to section 411(4)(b) of the Corporations Act 2001 (Cth) (Corporations Act) the scheme of arrangement between the plaintiff and its members, a copy of which is annexed to the second affidavit of Peter Christopher Wall sworn on 13 December 2013, and being part of annexure "PCW-7" at pages 50-64, is approved. 2. Pursuant to section 411(12) of the Corporations Act, the plaintiff is exempted from compliance with section 411(11) of the Corporations Act, in relation to the scheme of arrangement referred to in order 1. 3. The plaintiff is to lodge an office copy of these orders with the Australian Securities and Investments Commission on 7 February 2014 or, in any event, as soon as practicable thereafter. 4. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 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