Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Medical Australia Ltd, in the matter of Medical Australia Ltd (No 2) [2017] FCA 1429 File number: NSD 1614 of 2017
Judge: MARKOVIC J
Date of judgment: 17 November 2017
Date of publication of reasons: 1 December 2017
Catchwords: CORPORATIONS – schemes of arrangement – application for approval of scheme of arrangement – application allowed
Legislation: Corporations Act 2001 (Cth) s 411
Cases cited: Avoca Resources Limited, in the matter of Avoca Resources Limited [2011] FCA 208 Re Seven Network Ltd (ACN 052 816 789) (No 3) (2010) 267 ALR 583; [2010] FCA 400
Date of hearing: 17 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 19
Counsel for the Plaintiff: Mr S Bell with him Mr J Shandil
Solicitor for the Plaintiff: Websters Lawyers
Counsel for ICU Medical, Inc. Mr M Izzo
ORDERS NSD 1614 of 2017 IN THE MATTER OF MEDICAL AUSTRALIA LTD ABN 30 096 048 912 MEDICAL AUSTRALIA LTD Plaintiff
JUDGE: MARKOVIC J DATE OF ORDER: 17 NOVEMBER 2017
THE COURT ORDERS THAT:
1. Pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (Corporations Act) that the scheme of arrangement (Scheme) made between the plaintiff and the holders of ordinary shares in the plaintiff, the terms of which scheme of arrangement are set out in Annexure C of the document which has been tendered and marked Exhibit IBM-2, is approved. 2. The plaintiff lodge with the Australian Securities and Investments Commission a copy of the approved Scheme at the time of lodging a copy of these Orders. 3. Pursuant to s 411(12) of the Corporations Act, the plaintiff is exempted from compliance with s 411(11) of the Corporations Act in relation to the Scheme. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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