Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chevron (TAPL) Pty Ltd v Chevron Australia Pty Ltd, in the matter of Chevron (TAPL) Pty Ltd (No 2) [2022] FCA 381 File number: WAD 17 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 28 March 2022
Date of publication of reasons: 11 April 2022
Catchwords: CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - scheme by way of reconstruction or amalgamation - single member - transfer between wholly owned subsidiaries of all assets and liabilities - where government a party to numerous agreements and instruments - consideration of any necessity for consents to assignments and dispositions - application for orders under s 413 to facilitate transfers of assets and liabilities - orders made
Legislation: Corporations Act 2001 (Cth) ss 411, 412, 413, Chapter 6 Personal Property Securities Act 2009 (Cth) ss 21, 34, 55, 66, 67, 162, Part 5.3
Cases cited: Amcor Limited, in the matter of Amcor Limited (No 2) [2019] FCA 842 Barrick (Australia Pacific Exploration) Pty Limited v Barrick (PD) Australia Pty Limited, in the matter of Barrick (Australia Pacific Exploration) Pty Limited (No 2) [2017] FCA 1076 Barrick (Australia Pacific Exploration) Pty Limited v Barrick (PD) Australia Pty Limited, in the matter of Barrick (Australia Pacific Exploration) Pty Limited [2017] FCA 998 Barrick Mining Company (Australia) Pty Ltd v Barrick Administration Company Pty Ltd, in the matter of Barrick Mining Company (Australia) Pty Ltd [2018] FCA 1958 Chevron (TAPL) Pty Ltd v Chevron Australia Pty Ltd, in the matter of Chevron (TAPL) Pty Ltd [2022] FCA 220 David Jones Limited, in the matter of David Jones Limited (No 3) [2014] FCA 753 Fiducian Portfolio Services Ltd v Fiducian Investment Management Services Ltd (No 2) [2015] FCA 95; (2015) 228 FCR 587 In the Application of United Medical Protection Limited [2007] FCA 631 In the matter of Stork ICM Australia Pty Ltd; Stork ICM Australia Pty Ltd v Stork Food Systems Australasia Pty Ltd [2006] FCA 1849 J.P. Morgan Operations Australia Limited v J.P. Morgan Australia Group Pty Limited, in the matter of J.P. Morgan Operations Australia Limited [2018] FCA 1131 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 (No 2) [2021] FCA 1410 National Trustees Executors & Agency Company of Australasia Ltd v Federal Commissioner of Taxation (1954) 91 CLR 540 O'Brien v Komesaroff (1982) 150 CLR 310 Perth Markets Ltd [2019] WASC 417 Re AGL Gas Networks Ltd [2001] NSWSC 165 Re RBS Group (Australia) Pty Ltd (Unreported, NSWSC, 2 February 2012) Re Wesfarmers Ltd; Ex parte Wesfarmers Ltd (No 2) [2018] WASC 357 Seven Network Limited, in the matter of Seven Network Limited (No 3) [2010] FCA 400
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