Federal Court of Australia
Federal Court of Australia
Electric Metals (USA) Limited, in the matter of Electric Metals (USA) Limited [2021] FCA 352 File number(s): NSD 33 of 2021
Judgment of: FARRELL J
Date of judgment: 13 April 2021
Catchwords: CORPORATIONS – members' scheme of arrangement – applications under ss 411 and 1319 of the Corporations Act 2001 (Cth) to convene scheme meeting and approve scheme of arrangement – where proposed scheme is a 'reverse takeover' of a listed Canadian company – applications granted
Legislation: Corporations Act 2001 (Cth) ss 411, 1319 Canada Business Corporations Act (R.S.C., 1985, c. C-44) Securities Act of 1933 (US) s 3
Cases cited: BRL Hardy Ltd [2003] SASC 97; (2003) 45 ACSR 397 Capilano Honey Limited, in the matter of Capilano Honey Limited [2018] FCA 1568; (2018) 131 ACSR 9 Central Pacific Minerals NL [2002] FCA 239 In re Alabama, New Orleans, Texas and Pacific Junction Railway Company [1891] 1 CH 213 Permanent Trustee Company Limited [2002] NSWSC 1177; (2002) 43 ACSR 601 Seven Network Limited (ACN 052 816 789), in the matter of Seven Network Limited (No 3) [2010] FCA 400; (2010) 77 ACSR 701 Solution 6 Holdings Limited ACN 003 264 006, in the matter of Solution 6 Holdings Limited ACN 003 264 006 [2004] FCA 1049; (2004) 50 ACSR 113 Westgold Resources Ltd (No 2) [2012] WASC 395
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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