Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
3Q Holdings Limited, in the matter of 3Q Holdings Limited [2022] FCA 1259 File number: NSD 274 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 13 October 2022
Date of Publication of Reasons: 3 November 2022
Catchwords: CORPORATIONS – scheme of arrangement – first court hearing – where orders sought under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) for convening meetings of members in two separate classes – where directions sought pursuant to s 1319 as to the convening, holding and conduct of the meetings – Held: orders made.
Legislation: Corporations Act 2001 (Cth), ss 9, 124(1)(b), 283AA, 411, 412 Corporations Regulations 2001 (Cth), reg 5.1.01 and Schedule 8 Federal Court (Corporations) Rules 2000 (Cth), rr 2.15, 2.4(2), 3.2, 3.3(1)
Cases cited: Associated Advisory Practices Limited, in the matter of Associated Advisory Practices Limited (No 2) [2013] FCA 979 Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 Huon Aquaculture Group Limited, in the matter of Huon Aquaculture Group Limited [2021] FCA 1170 Re APN News & Media Ltd [2007] FCA 770; 62 ACSR 400 Re Arthur Yates & Co Ltd [2001] NSWSC 40; 36 ACSR 758 Re Capilano Honey Ltd [2018] FCA 1568; 131 ACSR 9 Re DWS Limited [2020] FCA 1590 Re Foundation Healthcare Ltd [2002] FCA 742; 42 ACSR 252 Re HIH Casualty and General Insurance Ltd [2006] NSWSC 485; 200 FLR 243 Re Kidman Resources Ltd [2019] FCA 1226 Re MYOB Group Limited [2019] FCA 484 Re NRMA Ltd (No 1) [2000] NSWSC 82; 33 ACSR 595 Re Opes Prime Stockbroking Ltd [2009] FCA 813; 179 FCR 20 Re Permanent Trustee Company Limited [2002] NSWSC 1177; 43 ACSR 601 Re PM Capital Asian Opportunities Fund Limited [2021] FCA 1380 Re Ruralco Holdings Ltd [2019] FCA 878 Re Viralytics Ltd [2018] FCA 637 Re 5G Networks Limited [2021] FCA 1189 URB Investments Limited, in the matter of URB Investments Limited [2019] FCA 1977 Centro Retail Limited and Centro MSC Manager Limited in its capacity as Responsible Entity of Centro Retail Trust [2011] NSWSC 1321 FT Eastment & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 In the matter of Link Administration Holdings Limited [2022] NSWSC 650
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