Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sundance Energy Australia Limited, in the matter of Sundance Energy Australia Limited [2019] FCA 1944 File number(s): NSD 1503 of 2019
Judge(s): FARRELL J
Date of judgment: 14 November 2019
Date of publication of reasons: 20 November 2019
Catchwords: CORPORATIONS – members' scheme of arrangement – application under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) – first court hearing for members' scheme of arrangement to effect re-domiciliation of corporate group to the USA by interposing a new holding company incorporated in Delaware – application granted CORPORATIONS – application under s 411(4) of the Corporations Act 2001 (Cth) for orders to approve scheme – where judgment will be relied upon by the plaintiff and new holding company in seeking to qualify new holding company's shares for exemption from the registration requirements of the Securities Act of 1933 (USA) under s 3(a)(10) of that Act – application granted
Legislation: Corporations Act 2001 (Cth) ss 411 and 1319 Corporations Regulations 2001 (Cth), regs 5.6.11 – 5.6.36A (repealed) Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 (Cth) Federal Court (Corporations) Rules 2000 (Cth) rr 2.15, 3.4 Insolvency Practice Rules (Corporations) 2016 (Cth) Securities Act of 1933 (USA), s 3(a)(10)
Cases cited: Amcor Limited, in the matter of Amcor Limited (No 2) [2019] FCA 842 Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; 177 CLR 485 Capilano Honey Limited, in the matter of Capilano Honey Limited [2018] FCA 1568; 31 ACSR 9 CSR Limited, in the matter of CSR Limited [2010] FCAFC 34; 183 FCR 358 Excelsior Gold Limited, in the matter of Excelsior Gold Limited [2018] FCA 2064 Decimal Software Limited, in the matter of Decimal Software Limited (No 2) [2018] FCA 2040 Dulux Group Ltd, in the matter of Dulux Group Ltd [2019] FCA 961 In the Matter of Foundation Healthcare Limited [2002] FCA 742 In the matter of Wiggins Island Coal Export Terminal Pty Ltd [2018] NSWSC 1342 Re Matine Limited (1998) 28 ACSR 268 Re Wesfarmers Ltd; ex parte Wesfarmers Ltd [2018] WASC 308 Seven Network Limited (ACN 052 816 789), in the matter of Seven Network Limited (No 3) [2010] FCA 400 Simavita Holdings Limited, in the matter of Simavita Holdings Limited [2013] FCA 1274 TriAusMin Limited, in the matter of TriAusMin Limited (No 2) [2014] FCA 833 Viralytics Limited, in the matter of Viralytics Limited [2018] FCA 637
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