Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Dairy Farms Limited, in the matter of Australian Dairy Farms Limited and Dairy Funds Management Limited [2018] FCA 2056 File number: WAD 456 of 2018
Judge: COLVIN J
Date of judgment: 10 October 2018
Date of publication of reasons: 18 December 2018
Catchwords: CORPORATIONS - application for orders under s 1322(4) of the Corporations Act 2001 (Cth) extending time of an ASIC Class Order for the plaintiffs to give notice to ASX and declaring the offer to issue stapled securities to be not invalid - where stapled securities issued in apparent contravention of disclosure requirements - where contravention arose from failure to fall within ASIC Class Order - application allowed
Legislation: Corporations Act 2001 (Cth) ss 727, 741, 1012C, 1020F, 1322, Chapter 6D, Part 7.9
Cases cited: Elderslie Finance Corp Ltd v Australian Securities Commission (1993) 11 ACLC 787 Gangemi v Osborne [2009] VSCA 297 ICandy Interactive Limited, in the matter of ICandy Interactive Limited [2018] FCA 533 In the matter of Commonwealth Steel Pty Ltd [2013] NSWSC 1983 In the matter of National Roads and Motorists' Association Ltd [2003] FCAFC 206 Sprint Energy Limited, in the matter of Sprint Energy Limited [2012] FCA 1354 The Chinese Cultural Club Limited [2004] NSWSC 432 Wave Capital Ltd [2003] FCA 969 Weinstock v Beck [2013] HCA 14; (2013) 251 CLR 396
Date of hearing: 10 October 2018
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