Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Controlled Thermal Resources Limited, in the matter of Controlled Thermal Resources Limited [2022] FCA 1292 File number: NSD 900 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 28 October 2022
Date of publication of reasons: 7 November 2022
Catchwords: CORPORATIONS – scheme of arrangement – first court hearing – where orders sought under s 411(1) of the Corporations Act 2001 (Cth) for convening of meeting of scheme participants and that an explanatory statement in relation to the scheme be approved for distribution – where directions sought pursuant to s 1319 of the Act as to the manner in which the scheme meeting is to be convened, the time and place at which it is to be held, and the persons authorised to act as chairperson and alternate chairperson – Held: orders made
Legislation: Corporations Act 2001 (Cth), ss 411, 412, 1319 Corporations Regulations 2001 (Cth), Sch 8 Federal Court (Corporations) Rules 2000 (Cth), r 3.2 Securities Act of 1933 (US), s 3(a)(10)
Cases cited: Atlantic Gold NL, in the matter of Atlantic Gold NL (No 2) [2014] FCA 869 Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; 177 CLR 485 F T Eastment & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 Perpetual Custodians Ltd (as custodian for Tamoran Pty Ltd as trustee for Crivelli) v IOOF Investment Management Ltd [2013] NSWCA 231; 304 ALR 436 Re Amcor Limited [2019] FCA 346 Re Amcor Limited (No 2) [2019] FCA 842 Re Avita Medical Limited, in the matter of Avita Medical Limited (No 2) [2020] FCA 674 Re Crusader Ltd [1996] 1 Qd R 117 Re Duluxgroup Ltd [2019] FCA 961 Re HIH Casualty and General Insurance Ltd [2006] NSWSC 485; 200 FLR 243 Re Hills Motorway Ltd [2002] NSWSC 897; (2002) 43 ACSR 101 Re Nine Entertainment Group Limited (No 1) [2012] FCA 1464; 211 FCR 439 Re NRMA Ltd (No 1) [2000] NSWSC 82; 33 ACSR 595 Re Opes Prime Stockbroking Ltd (No 2) [2009] FCA 813; 179 FCR 20 Re Orica Ltd [2010] VSC 231 Re Permanent Trustee Company Limited [2002] NSWSC 1177; 43 ACSR 601 Re PM Capital Asian Opportunities Fund Limited [2021] FCA 1380 Re Redflex Holdings Ltd [2021] FCA 417 Re Sienna Cancer Diagnostics Limited [2020] FCA 899
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