Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Skyland Petroleum Limited, in the matter of Skyland Petroleum [2016] FCA 927 File number(s): NSD 730 of 2016
Judge(s): JAGOT J
Date of judgment: 8 August 2016
Catchwords: CORPORATIONS – where scheme documents despatched to certain shareholders late due to technical issues – procedural irregularity under s 1322(2) of the Corporations Act 2001 (Cth) CORPORATIONS – where binding share purchase agreement entered into after scheme meeting – likelihood of change to outcome of meeting CORPORATIONS – exemption under s 3(a)(10) of the US Securities Act of 1933
Legislation: Corporations Act 2001 (Cth) ss 411(17)(b), 1322(1), 1322(2) s 411(17)(b) Securities Act of 1933 (US), Pub L No 73-22, 48 Stat 74, s 3(a)(10)
Cases cited: Re James Hardie Industries Limited [2001] NSWSC 888; (2001) 39 ACSR 552 Re Telford Inns Proprietary Limited (1985) 10 ACLR 312
Date of hearing: 8 August 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: 22
Counsel for the Plaintiff: Dr R C A Higgins
Solicitor for the Plaintiff: MinterEllison
ORDERS NSD 730 of 2016 IN THE MATTER OF SKYLAND PETROLEUM LIMITED ABN 54 072 350 817 SKYLAND PETROLEUM LIMITED ABN 54 072 350 817 Plaintiff
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