Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AuStar Gold Limited, in the matter of AuStar Gold Limited [2021] FCA 711 File number(s): VID 291 of 2021
Judgment of: DAVIES J
Date of judgment: 22 June 2021
Date reasons published: 28 June 2021
Catchwords: CORPORATIONS – proposed scheme of arrangement – order sought under s 411(1) of the Corporations Act 2011 (Cth) for convening of meeting to consider scheme of arrangement – proposed merger of two public companies – proposed share scheme and option scheme – adequate disclosure in scheme booklet – legal requirements met – fair and reasonable to put to shareholders – application granted
Legislation: Corporations Act 2001 (Cth) ss 9, 411, 412 Federal Court (Corporations) Rules 2000 (Cth) Div 3
Cases cited: First Pacific Advisors LLC v Boart Longyear Ltd (2017) 320 FLR 78; [2017] NSWCA 116 Re Arthur Yates & Co Ltd (2001) 36 ACSR 758; [2001] NSWSC 40 Re Citadel Group Limited (2020) 148 ACSR 598; [2020] FCA 1580 Re Coventry Resources Limited [2012] FCA 1252 Re DuluxGroup Ltd (2019) 136 ACSR 546; [2019] FCA 961 Re Legend Corporation Limited (No 2) [2019] FCA 1444 Re Sino Gold Mining Ltd (ACN 093 518 579) (2009) 74 ACSR 647; [2009] FCA 1277 Re Spicers Ltd (No 2) (2019) 136 ACSR 659; [2019] FCA 1110 Re TPG Telecom Ltd [2020] NSWSC 772 Re Vocus Group Limited [2021] NSWSC 630 Re Wesfarmers Ltd [2018] WASC 308 Re APN News & Media Ltd (2007) 62 ACSR 400; [2007] FCA 770 Re Fiducian Investment Management Services Limited (No 2) (2015) 228 FCR 587; [2015] FCA 95 Signature Gold Ltd [2018] FCA 688 Sovereign Life Assurance Company v Dodd [1892] 2 QB 573
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