Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QBiotics Limited, in the matter of QBiotics Limited [2016] FCA 873 File number: NSD 1036 of 2016
Judge: GLEESON J
Date of judgment: 26 July 2016
Catchwords: CORPORATIONS – share transfers in contravention of pre-emptive rights provisions in company constitution – substantive contraventions of company's constitution – no substantive injustice caused or likely to be caused – declaration made that certain purported share transfers are not invalid
Legislation: Corporations Act 2001 (Cth) ss 1322(4) and (6)
Cases cited: Oil Basins Ltd v Bass Strait Oil Company (2012) 297 ALR 261 Re Primelife Corporation Ltd v Aevum Ltd [2005] NSWSC 269; (2005) 53 ACSR 283 Re Golden Gate Petroleum Ltd (2010) 77 ACSR 17 Re NuSep Ltd [2007] FCA 613; (2007) 62 ACSR 301 Re Solco Ltd [2015] FCA 635; (2015) 106 ACSR 591 Re Wave Capital Ltd [2003] FCA 969; (2003) 47 ACSR 418 Weinstock v Beck (2013) 251 CLR 396
Date of hearing: 26 July 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 49
Counsel for the Plaintiff: Mr I Jackman SC
Solicitor for the Plaintiff: Thomson Geer
ORDERS NSD 1036 of 2016 IN THE MATTER OF IN THE MATTER OF QBIOTICS LIMITED (ACN 110 210 001) QBIOTICS LIMITED (ACN 110 210 001) Plaintiff
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