Federal Court of Australia
Federal Court of Australia
RXP Services Limited, in the matter of RXP Services Limited [2021] FCA 38 File number: VID 774 of 2020
Judgment of: BEACH J
Date of judgment: 29 January 2021
Catchwords: CORPORATIONS – members' scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) – performance risk – re-imbursement fee – exclusivity arrangements – employee incentive arrangements – exercise of discretion – order made for convening of meeting
Legislation: Corporations Act 2001 (Cth) ss 254T, 260A, 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 Amcor Limited [2019] FCA 346 Re Citadel Group Limited [2020] FCA 1580 Re DWS Limited [2020] FCA 1590 Re Foundation Healthcare Ltd (2002) 42 ACSR 252 Re Healthscope Ltd (2019) 139 ACSR 608 Re Kidman Resources Ltd (2019) 375 ALR 760 Re SMS Management and Technology Limited [2017] VSC 257 Re Villa World Ltd (2019) 139 ACSR 550
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 73
Date of hearing: 29 January 2021
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