Federal Court of Australia
Federal Court of Australia
MOQ Limited, in the matter of MOQ Limited [2022] FCA 1160 File number(s): NSD 760 of 2022
Judgment of: HALLEY J
Date of judgment: 27 September 2022
Date of publication of reasons: 29 September 2022
Catchwords: CORPORATIONS – members' scheme of arrangement – first court hearing – application under ss 411 and 1319 of the Corporations Act (Cth) for orders convening a meeting of members to consider and agree a proposed scheme of arrangement – performance risk – exclusivity arrangements – break fee – deemed warranty – hybrid meeting – application granted
Legislation: Corporations Act 2001 (Cth) ss 411, 1319
Cases cited: Absolute Equity Performance Fund Ltd, in the matter of Absolute Equity Performance Fund Ltd [2022] FCA 834 Amcom Telecommunications Limited, in the matter of Amcom Telecommunications Limited [2015] FCA 341 Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485; [1993] HCA 15 CSR Limited, in the matter of CSR Limited (2010) 183 FCR 358; [2010] FCAFC 34 Dealt Holdings Ltd, in the matter of Dealt Holdings Ltd [2022] FCA 1104 Dragontail Systems Limited, in the matter of Dragontail Systems Limited [2021] FCA 834 FT Eastment & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 Integra Mining Limited, in the matter of Integra Mining Limited [2012] FCA 1414 Re Archaean Gold NL (1997) 23 ACSR 143 Re Central Pacific Minerals NL [2002] FCA 239 Xplore Wealth Limited, in the matter of Xplore Wealth Limited [2020] FCA 1868
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