Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trust Company (Nominees) Limited, in the matter of Angas Securities Limited v Angas Securities Limited (No 6) [2019] FCA 699 File number(s): NSD 469 of 2015
Judge(s): BEACH J
Date of judgment: 17 May 2019
Catchwords: CORPORATIONS – creditors' scheme of arrangement – second court hearing – debenture holders – further extension to run off phase not warranted – releases of third parties as part of scheme – conditions precedent to scheme – duties of trustee for debenture holders – adequacy of explanatory statement – advice to trustee – advice given – order made approving scheme under s 411(4)(b) of Corporations Act
Legislation: Corporations Act 2001 (Cth) s 411(4)(b) Securities Act of 1933 (US) s 3(a)(10)
Cases cited: Fowler v Lindholm & Ors (2009) 178 FCR 563 In re Alabama, New Orleans, Texas and Pacific Junction Railway Company [1891] 1 Ch 213 Re Boart Longyear Ltd (No 2) (2017) 323 FLR 241 Re Matine Ltd & Ors (1998) 28 ACSR 268 Trust Company (Nominees) Limited, in the matter of Angas Securities Limited v Angas Securities Limited (No 5) [2019] FCA 482
Date of hearing: 17 May 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 32
Counsel for the Plaintiff: Mr R M Foreman
Solicitor for the Plaintiff: King & Wood Mallesons
Counsel for the Defendant: Mr J A Redwood
Solicitor for the Defendant: Johnson Winter & Slattery
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