Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Woolworths Group Limited v Pinnacle Liquor Group Pty Limited, in the matter of Woolworths Group Limited (No 2) [2019] FCA 2182 File number(s): NSD 1658 of 2019
Judge(s): FARRELL J
Date of judgment: 19 December 2019
Date of publication of reasons: 13 January 2020
Catchwords: CORPORATIONS – members' schemes of arrangement – second court hearing – application under ss 411 and 413 of the Corporations Act 2001 (Cth) to give effect to a reconstruction or amalgamation under which certain assets, property, liabilities and undertakings of each of the scheme companies will be transferred to the defendant companies pursuant to s 413 of the Corporations Act – where proposed schemes have been passed at scheme meetings by the required statutory majorities albeit with low shareholder voter turnout at public company scheme meeting – where no reason to infer protest vote or shareholder antagonism to proposed schemes from low voter turnout – where there have been technical departures from Court's orders made at first court hearing with respect to the venue of the scheme meetings of the wholly-owned subsidiary companies and advertising of the second court hearing – application granted
Legislation: Corporations Act 2001 (Cth) ss 411, 413
Cases cited: Konekt Ltd, in the matter of Konekt Ltd (No 3) [2019] FCA 2105 Re Matine Limited (1998) 28 ACSR 268 Woolworths Group Limited v Pinnacle Liquor Group Pty Limited, in the matter of Woolworths Group Limited [2019] FCA 1810
Date of hearing: 19 December 2019
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