Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wameja Limited, in the matter of Wameja Limited [2021] FCA 878 File number(s): NSD 1108 of 2020
Judgment of: FARRELL J
Date of judgment: 27 July 2021
Date of publication of reasons: 29 July 2021
Catchwords: CORPORATIONS – members' scheme of arrangement – application under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) for orders convening a meeting of members to consider approving the scheme – where directors made unanimous recommendation to vote in favour of scheme – where two directors would receive consideration for options which would lapse before the effective date of the scheme – where bidder has no assets – where scheme implementation agreement and amending deeds removed from scheme booklet – application granted
Legislation: Corporations Act 2001 (Cth) ss 411(1), 1319
Cases cited: Capilano Honey Limited, in the matter of Capilano Honey Limited [2018] FCA 1568; (2018) 131 ACSR 9 Re Hills Motorway Ltd [2002] NSWSC 897; (2002) 43 ACSR 101 Re MOD Resources Ltd; ex parte MOD Resources Ltd [2019] WASC 326
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 35
Date of hearing: 26 July 2021
Counsel for the Plaintiff: Mr D Smith
Solicitor for the Plaintiff: Capital Corporate Law
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