Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Decimal Software Limited, in the matter of Decimal Software Limited [2018] FCA 1647 File number: WAD 464 of 2018
Judge: BANKS-SMITH J
Date of judgment: 30 October 2018
Date of publication of reasons: 1 November 2018
Catchwords: CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement - cash transfer scheme - performance risk and interdependent obligations - where unsecured loan facilities provided by intended acquirer
Legislation: Corporations Act 2001 (Cth) ss 411, 412, Pt 5.1 Corporations Regulations 2001 (Cth)
Cases cited: Amcom Telecommunications Limited, in the matter of Amcom Telecommunications Limited [2015] FCA 341 Anatolia Energy Limited, in the matter of Anatolia Energy Limited [2015] FCA 1134 APN News & Media Limited, in the matter of APN News & Media Limited [2007] FCA 770; (2007) 62 ACSR 400 APN Outdoor Group Limited, in the matter of APN Outdoor Group Limited [2018] FCA 1425 Black Range Minerals Limited, in the matter of Black Range Minerals Limited [2015] FCA 1162 Bulletproof Group Limited, in the matter of Bulletproof Group Limited [2018] FCA 497 Cortona Resources Limited, in the matter of Cortona Resources Limited [2012] FCA 1295 EcoBiotics Limited, in the matter of EcoBiotics Limited [2017] FCA 643 Mantra Group Limited, in the matter of Mantra Group Limited [2018] FCA 510 MDA National Limited v Medical Defence Australia Ltd [2014] FCA 954 Programmed Maintenance Services Limited, in the matter of Programmed Maintenance Services Limited [2017] FCA 1265 Re Arthur Yates & Co Ltd [2001] NSWSC 40; (2001) 36 ACSR 758 Re Kangaroo Resources Ltd; Ex parte Kangaroo Resources Ltd [2018] WASC 327 Re Westfield Corporation Limited [2018] NSWSC 584 Signature Gold Ltd, in the matter of Signature Gold Ltd [2017] FCA 1481 Sino Gas & Energy Holdings Limited, in the matter of Sino Gas & Energy Holdings Limited [2018] FCA 1183 Tower Australia Group Limited, in the matter of Tower Australia Group Limited [2011] FCA 224
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