1300 Smiles Limited, in the matter of 1300 Smiles Limited (No 2) [2021] FCA 1448

Federal Court of Australia

1300 Smiles Limited, in the matter of 1300 Smiles Limited (No 2) [2021] FCA 1448 File number(s): NSD 973 of 2021

Judgment of: FARRELL J

Date of judgment: 17 November 2021

Date of publication of reasons: 19 November 2021

Catchwords: CORPORATIONS – members' scheme of arrangement – application under s 411(4)(b) of the Corporations Act 2001 (Cth) to approve members' scheme of arrangement – application for order under s 411(12) of the Corporations Act for exemption from compliance with s 411(11) – where separate scheme meetings for two shareholder classes were convened in accordance with the Court's orders – where voter turnout considered – where scheme meetings were conducted using electronic meeting technology – where conditions precedent to scheme are satisfied – applications granted

Legislation: Corporations Act 2001 (Cth) ss 411, 1319

Cases cited: 1300 Smiles Limited, in the matter of 1300 Smiles Limited [2021] FCA 1287 Central Pacific Minerals NL [2002] FCA 239 Fowler v Lindholm [2009] FCAFC 125; (2009) 178 FCR 563 Permanent Trustee Company Limited [2002] NSWSC 1177; (2002) 43 ACSR 601 Re Application of NRMA Ltd (No 2) [2000] NSWSC 408; (2000) 34 ACSR 261 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 TriAusMin Limited, in the matter of TriAusMin Limited (No 2) [2014] FCA 833