Federal Court of Australia
Federal Court of Australia
Asaleo Care Limited, in the matter of Asaleo Care Limited [2021] FCA 406 File number: WAD 69 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 22 April 2021
Date of publication of reasons: 23 April 2021
Catchwords: CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by transfer of shares - performance risk - break fee - exclusivity - special dividend - director recommendation - orders made
Legislation: Corporations Act 2001 (Cth) ss 254T, 260A, 411, 412, 623, 1319, Part 5.1 Corporation Regulations 2001 (Cth) Schedule 8
Cases cited: Amcom Telecommunications Limited, in the matter of Amcom Telecommunications Limited [2015] FCA 341 Amcor Limited, in the matter of Amcor Limited [2019] FCA 346 APN News & Media Limited, in the matter of APN News & Media Limited [2007] FCA 770 Decimal Software Limited, in the matter of Decimal Software Limited [2018] FCA 1647 DWS Limited, in the matter of DWS Limited [2020] FCA 1590 EcoBiotics Limited, in the matter of EcoBiotics Limited [2017] FCA 643 Gazal Corporation Limited, in the matter of Gazal Corporation Limited [2019] FCA 701 Healthscope Limited, in the matter of Healthscope Limited [2019] FCA 542 Kidman Resources Limited, in the matter of Kidman Resources Limited [2019] FCA 1226 Milburn v Pivot Limited (1997) 78 FCR 472 Programmed Maintenance Services Limited, in the matter of Programmed Maintenance Services Limited [2017] FCA 1265 Re Arthur Yates & Co Ltd [2001] NSWSC 40 Re ERM Power Limited v Shell Energy Australia Pty Ltd [2019] NSWSC 1502 Re Navitas Ltd; Ex Parte Navitas Ltd [No 2] [2019] WASC 218 Re Skilled Group Ltd (No 1) [2015] VSC 789 Re SMS Management & Technology Ltd [2017] VSC 257 Re Villa World Ltd [2019] NSWSC 1207 Re Wesfarmers Ltd; Ex parte Wesfarmers Ltd [2018] WASC 308 Ruralco Holdings Limited, in the matter of Ruralco Holdings Limited [2019] FCA 878 Rusina Mining NL, in the matter of Rusina Mining [2010] FCA 517 RXP Services Limited, in the matter of RXP Services Limited [2021] FCA 38 Sienna Cancer Diagnostics Limited, in the matter of Sienna Cancer Diagnostics Limited [2020] FCA 899 Signature Gold Ltd, in the matter of Signature Gold Ltd [2017] FCA 1481 Tox Free Solutions Limited, In the matter of Tox Free Solutions Limited [2018] FCA 977 Wellcom Group Limited, in the matter of Wellcom Group Limited [2019] FCA 1655
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