Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MYOB Group Limited, in the matter of MYOB Group Limited [2019] FCA 484 File number: NSD 280 of 2019
Judge: MARKOVIC J
Date of judgment: 13 March 2019
Date of publication of reasons: 10 April 2019
Catchwords: CORPORATIONS – scheme of arrangement – interlocutory application – application for adjournment of first court hearing – application for leave to be heard without becoming a party – application for leave to inspect documents filed – where adjournment sought to review explanatory statement and independent expert report – where scheme not complex – where inappropriate that one shareholder receive explanatory statement prior to market release – where independent expert genuinely independent – where issue appropriate for second court hearing – where no claim of lack of utility in order convening meeting – where primary concern not disclosure - application for adjournment dismissed – applications for leave to be heard and to inspect documents filed allowed CORPORATIONS – scheme of arrangement – application for order pursuant to s 411 of the Corporations Act 2001 (Cth) that company convene meeting of members and distribute explanatory statement – application allowed
Legislation: Corporations Act 2001 (Cth) ss 411, 412 Corporations Regulations 2001 (Cth) reg 5.1.01, Sch 8 cl 8301 Federal Court (Corporations) Rules 2000 (Cth) r 2.13 Federal Court Rules 2011 (Cth) r 2.32
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