Federal Court of Australia
Federal Court of Australia
Absolute Equity Performance Fund Ltd, in the matter of Absolute Equity Performance Fund Ltd (No 2) [2022] FCA 1135 File number(s): NSD 575 of 2022
Judgment of: HALLEY J
Date of judgment: 21 September 2022
Date of publication of reasons: 23 September 2022
Catchwords: CORPORATIONS – members' scheme of arrangement – second court hearing – application under s 411(4)(b) of the Corporations Act 2001 (Cth) (Act) for approval of scheme – proposed acquisition of share in target company in exchange for shares in acquiring company – application granted
Legislation: Corporations Act 2001 (Cth) ss 411, 251AA, 1319
Cases cited: Absolute Equity Performance Fund Ltd, in the matter of Absolute Equity Performance Fund Ltd [2022] FCA 933 Avoca Resources Limited, in the matter of Avoca Resources Limited [2011] FCA CSR Limited, in the matter of CSR Limited (2010) 183 FCR 358; [2010] FCAFC 34 Dragontail Systems Limited, in the matter of Dragontail Systems Limited (No 2) [2021] FCA 834 EcoBiotics Limited, in the matter of EcoBiotics Limited (No 2) [2017] FCA 1031 In the matter of BINGO Industries Limited [2021] NSWSC 911 In the matter of Toll Holdings Limited (No 2) [2015] VSC 236 Lion Nathan Limited, in the matter of Lion Nathan Limited (No. 2) [2009] FCA 1261 Foundation Healthcare Limited (No 2) (2002) 43 ACSR 680; [2002] FCA 973 FT Eastment & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 NRMA Limited (Application of); NRMA Insurance Limited (Application of) (2000) 34 ACSR 261; [2000] NSWSC 408 Over the Wire Holdings Limited, in the matter of Over the Wire Holdings Limited (No 2) [2022] FCA 181 Permanent Trustee Company (2002) 43 ACSR 601; [2002] NSWSC 1177 Re Auzex Resources Ltd (No 2) [2012] QSC 101 Re Ranger Minerals Ltd; Ex parte Ranger Minerals Ltd (2002) 42 ACSR 582; [2002] WASC 207 Seven Network Limited, in the matter of Seven Network Limited (No 3) (2010) 77 ASCR 701; [2010] FCA 400 TriAusMin Limited, in the matter of TriAusMin Limited (No 2) [2014] FCA 833
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