Federal Court of Australia
Federal Court of Australia
Mercedes-Benz Financial Services Australia Pty Limited v Daimler Truck Financial Services Australia Pty Limited, in the matter of Mercedes-Benz Financial Services Australia Pty Limited [2021] FCA 1279 File number: NSD 1029 of 2021
Judgment of: MCKERRACHER J
Date of judgment: 14 October 2021
Date of publication of reasons: 19 October 2021
Catchwords: CORPORATIONS – scheme of arrangement – first court hearing – application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement – proposed reconstruction of Pt 5.1 bodies under s 413 Corporations Act – whether the scheme is fair and reasonable in light of the impact on external creditors and employees of the transferor company
Legislation: Corporations Act 2001 (Cth) ss 9, 411(1), 411(2), 413, 413(1)(a), 413(2), 1319 Corporations Regulations 2001 (Cth) Sch 8, Pt 3, cl 8303
Cases cited: AGL Energy Services (Queensland) Pty Ltd v AGL Energy Services Pty Ltd [2010] FCA 452 All Star Funds Management Limited v Ventura Investment Management Ltd [2012] FCA 527 Barrick (Australia Pacific Exploration) Pty Ltd v Barrick (PD) Australia Pty Ltd [2017] FCA 998 Equatorial Mining Pty Ltd v Antofagasta Investment Company Ltd [2013] FCA 1452 JP Morgan Operations Australia Ltd v JP Morgan Australia Group Pty Ltd [2018] FCA 1131 Re AGL Sydney Ltd (1994) 13 ACSR 597 Re Anglo-Gaelic Investments Pty Ltd [2019] NSWSC 441 Re Centrebet International Ltd [2011] FCA 870 Re Clydesdale Bank Ltd [1950] SC 30 Re Foundation Healthcare Ltd [2002] FCA 742; (2002) 42 ACSR 252 Re Orica Limited [2010] VSC 231 Re RBS Group (Australia) Pty Ltd (unreported, NSW Sup Ct, Ward J, 2 February 2012) Re Royal Victorian Institute for the Blind Ltd [2004] FCA 735; (2004) 206 ALR 581 SGIC Insurance Ltd v Insurance Australia Ltd [2004] FCA 1492; (2004) 51 ACSR 470 Stork ICM Australia Pty Ltd v Stork Food Systems Australasia Pty Ltd [2006] FCA 1849 Woolworths Group Ltd v Pinnacle Liquor Group Pty Ltd [2019] FCA 1810
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate