Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fiducian Portfolio Services Limited v Fiducian Investment Management Services Limited (No 2) [2015] FCA 95 Citation: Fiducian Portfolio Services Limited v Fiducian Investment Management Services Limited (No 2) [2015] FCA 95
Parties: FIDUCIAN PORTFOLIO SERVICES LIMITED ACN 073 854 931 v FIDUCIAN INVESTMENT MANAGEMENT SERVICES LIMITED ACN 602 441 814 and FIDUCIAN SERVICES PTY LIMITED ACN 602 437 862
File number(s): NSD 1172 of 2014
Judge(s): YATES J
Date of judgment: 5 February 2015
Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – approval CORPORATIONS – scheme of arrangement –arrangement proposed for the purposes of or in connection with a scheme for the reconstruction of Part 5.1 body or Part 5.1 bodies – discussion of the meaning of "reconstruction" in the context of Chapter 5 of the Corporations Act 2001 (Cth) – whether s 413(1) of the Corporations Act 2001 (Cth) supports the making of orders in respect of the transfer of separate parts of the property and liabilities of a transferor body to separate transferees CORPORATIONS – whether order restraining the exercise of contractual rights following a scheme for reconstruction is within the power conferred by s 413(1) of the Corporations Act 2001 (Cth) – whether such an order should be made as a matter of discretion in the circumstances of the case PRACTICE AND PROCEDURE – scheme of arrangement – proof of conditions precedent
Legislation: Capital Gains Tax Act 1979 (UK) Corporations Act 2001 (Cth) ss 411, 413 Corporations Regulations 2001 (Cth) reg 5.6.13
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