Federal Court of Australia
Federal Court of Australia
DWS Limited, in the matter of DWS Limited [2020] FCA 1590 File number: VID 663 of 2020
Judgment of: BEACH J
Date of judgment: 30 October 2020
Date of publication of reasons: 2 November 2020
Catchwords: CORPORATIONS – members' scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) –performance risk – break fee – exclusivity arrangements – director interests– exercise of discretion – order made for convening of meeting
Legislation: Corporations Act 2001 (Cth) ss 411, 412 and 602 Corporations (Coronavirus Economic Response) Determination (No.3) 2020 (Cth) Corporations Regulations 2001 (Cth) reg 5.1.01 and Sch 8 Federal Court (Corporations) Rules 2000 (Cth) rr 2.15 and 3.4; form 6
Cases cited: Re Foundation Healthcare Ltd (2002) 42 ACSR 252 Re Healthscope (2019) 139 ACSR 608 Re Kidman Resources Ltd [2019] FCA 1226 Re SMS Management and Technology Limited [2017] VSC 257 Re Villa World Ltd (2019) 139 ACSR 550 Re Wellcome Group Limited [2019] FCA 1655
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 67
Date of hearing: 30 October 2020
Counsel for the Plaintiff: Mr B Holmes
Solicitor for the Plaintiff: SBA Law
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