Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PayGroup Limited, in the matter of PayGroup Limited [2022] FCA 1026 File number(s): VID 463 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 23 August 2022
Date of publication of reasons: 1 September 2022
Catchwords: CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) for convening of meeting – where ASIC was not given 14 days notice of the hearing of the application pursuant to s 411(2)(a) – where ASIC determined to permit the shorter period – orders made
Legislation: Corporations Act 2001 (Cth) ss 411, 411(1), 411(2)(a) Corporations Regulations 2001 (Cth) reg 5.1.01, Schedule 8 cll 8303, 8306
Cases cited: Re CSR Ltd (2010) 183 FCR 358 Re Foundation Healthcare Ltd [2002] FCA 742; (2002) 42 ACSR 252 Re Kidman Resources Limited [2019] FCA 1226; (2019) 375 ALR 760 Re T & N Ltd [2007] 1 All ER 851
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 30
Date of hearing: 23 August 2022
Counsel for the Plaintiff: Mr CT Möller with Mr MB Peckham
Solicitor for the Plaintiff: K&L Gates
Counsel for the Interested Parties: Mr B Holmes
Solicitor for the Interested Parties: Gadens Lawyers
ORDERS VID 463 of 2022 IN THE MATTER OF PAYGROUP LIMITED PAYGROUP LIMITED Plaintiff
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