Federal Court of Australia
Federal Court of Australia
Bombardier Transportation Australia Pty Ltd v Alstom Transport Australia Pty Limited [2022] FCA 816 File number: WAD 119 of 2022
Judgment of: JACKSON J
Date of judgment: 12 July 2022
Date of publication of reasons: 15 July 2022
Catchwords: CORPORATIONS - Scheme of arrangement - first hearing to convene meeting of sole member pursuant to s 411(1) of the Corporations Act 2001 (Cth) - transfer of all assets and liabilities of one wholly owned subsidiary to another - reconstruction or amalgamation - consideration of matters relevant to court-ordered convening of meeting of member - scheme booklet approved - orders made to convene meeting
Legislation: Corporations Act 2001 (Cth) ss 9, 314, 317, 411, 412, 413, Part 5.1 Fair Work Act 2009 (Cth) Part 2-8 Personal Property Securities Act 2009 (Cth) ss 34, 55, 66, 67, 151, 162 Federal Court (Corporations) Rules 2000 (Cth) r 3.2 Corporations Regulations 2001 (Cth) reg 5.1.01, Part 3
Cases cited: AGL Energy Services (Queensland) Pty Limited v AGL Energy Services Pty Limited [2010] FCA 452 All Star Funds Management Limited v Ventura Investment Management Ltd [2012] FCA 527 Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485 Chevron (TAPL) Pty Ltd v Chevron Australia Pty Ltd, in the matter of Chevron (TAPL) Pty Ltd [2022] FCA 220 Equatorial Mining Pty Limited v Antofagasta Investment Company Limited [2013] FCA 1452 Mercedes-Benz Financial Services Australia Pty Limited v Daimler Truck Financial Services Australia Pty Limited [2021] FCA 1279 Re CSR Ltd [2010] FCAFC 34; (2010) 183 FCR 358 Re Foundation Healthcare Limited [2002] FCA 742 Re Stork ICM Australia Pty Ltd [2006] FCA 1849 Re Wesfarmers Ltd; Ex Parte Wesfarmers Ltd [2018] WASC 308 Toyota Motor Corporation Australia Ltd v Marmara [2014] FCAFC 84; (2014) 222 FCR 152
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