Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ijack Pty Ltd v Cobb, in the matter of Vealls Limited [2018] FCA 1321 File number: VID 415 of 2018
Judge: MOSHINSKY J
Date of judgment: 29 August 2018
Catchwords: CORPORATIONS – compulsory acquisition of securities by 90% holder – applicable principles – whether plaintiff satisfied standing requirements – whether terms set out in compulsory acquisition notice gave a fair value for the securities – compulsory acquisition approved
Legislation: Corporations Act 2001 (Cth), ss 9, 12, 50, 610, 664A, 664AA, 664B, 664C, 664E, 664F, 666A, 666B, 667C, 1322 Local Government Act 1989 (Vic) Planning and Environment Act 1987 (Vic)
Cases cited: BG & E Management Pty Ltd v de Aboitiz [2016] FCA 1368 Capricorn Diamonds Investments Pty Ltd v Catto (2002) 5 VR 61 Spencer v Commonwealth (1907) 5 CLR 418 Teh v Ramsay Centauri Pty Ltd (2002) 42 ACSR 354
Date of hearing: 16 and 20 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 90
Counsel for the Plaintiff: Mr RG Craig with Mr AL Ounapuu
Solicitor for the Plaintiff: Herbert Smith Freehills
Counsel for the Defendants: Mr M Clarke QC with Ms V Plain
Solicitor for the Defendants: Parkston Lawyers
ORDERS VID 415 of 2018 IN THE MATTER OF VEALLS LIMITED (ACN 004 288 000) BETWEEN: IJACK PTY LTD (ACN 004 287 987) Plaintiff
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