Sirtex Medical Limited, in the matter of Sirtex Medical Limited [2018] FCA 1048

FEDERAL COURT OF AUSTRALIA

Sirtex Medical Limited, in the matter of Sirtex Medical Limited [2018] FCA 1048 File number(s): NSD 313 of 2018

Judge(s): FARRELL J

Date of judgment: 3 July 2018

Catchwords: CORPORATIONS – application under s 1319 of the Corporations Act 2001 (Cth) to cancel a meeting of shareholders convened pursuant to s 411(1) of the Corporations Act – board of target company approved superior proposal and terminated scheme implementation deed – application granted

Legislation: Corporations Act 2001 (Cth) ss 411, 1319

Date of hearing: 3 July 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 7

Counsel for the Plaintiff: Mr M Oakes SC and Ms S Tame

Solicitor for the Plaintiff: Watson Mangioni Lawyers

Solicitor for the Other: Mr S Clyne of Norton Rose Fulbright

ORDERS NSD 313 of 2018 IN THE MATTER OF SIRTEX MEDICAL LIMITED

SIRTEX MEDICAL LIMITED Plaintiff

JUDGE: FARRELl J DATE OF ORDER: 3 july 2018

THE COURT ORDERS THAT:

1. The scheme meeting ordered by the Court on 29 March 2018 to be held at 10.00 am (AEST) on 7 May 2018 and postponed by order of the Court on 4 May 2018 not be held. 2. Orders 2(a) to 2(e), 2(g), 3 and 4 made on 29 March 2018 and orders 1 and 2 made on 29 May 2018 be revoked. 3. The hearing set down for 25 July 2018 be vacated. 4. The proceedings otherwise be dismissed. 5. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.