Federal Court of Australia
Federal Court of Australia
American Pacific Borates Limited, in the matter of American Pacific Borates Limited (No 2) [2022] FCA 472 File number: VID 584 of 2021
Judgment of: ANASTASSIOU J
Date of judgment: 25 February 2022
Date of publication of reasons 29 April 2022
Catchwords: CORPORATIONS – scheme of arrangement – Second Court Hearing – orders sought pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) for approval of scheme – procedural requirements – Court's discretion – scheme approved – orders also sought under s 411(12) for exemption from compliance with s 411(11) of the Act – orders made
Legislation: Corporations Act 2001 (Cth), s 411
Cases cited: Re 86 400 Holdings Ltd (No 2) [2021] FCA 524 Re Afterpay Limited [2021] NSWSC 1709 Re Amcor Limited (No 2) [2019] FCA 842 Re American Pacific Borates Limited [2021] FCA 1590 Re Equinox Resources Ltd [2004] WASC 143; 49 ACSR 692 Re Healthscope Ltd (No 2) [2019] FCA 759; 136 ACSR 259 Re Isentia Group Limited [2021] NSWSC 1069
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 12
Date of hearing: 25 February 2022
Counsel for the Plaintiff: Mr B. K Holmes
Solicitor for the Plaintiff: Baker McKenzie
ORDERS VID 584 of 2021 IN THE MATTER OF AMERICAN PACIFIC BORATES LIMITED AMERICAN PACIFIC BORATES LIMITED Plaintiff
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