Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ThinkSmart Limited, in the matter of ThinkSmart Limited [2022] FCA 1314 File number: WAD 206 of 2022
Judgment of: JACKSON J
Date of judgment: 21 October 2022
Date of publication of reasons: 2 November 2022
Catchwords: CORPORATIONS - scheme of arrangement - first hearing to convene meetings of members pursuant to s 411(1) of the Corporations Act 2001 (Cth) - transfer of shares of company to takeover vehicle, paid for by sale of company's share assets on market - consideration of prerequisites and relevant matters - two classes of shareholders based on rights conferred by scheme - scheme booklet approved - orders made to convene meeting - orders made approving scripts for call centres
Legislation: Corporations Act 2001 (Cth) ss 9, 208, 260A, 260B, 219, 411, 412 Federal Court (Corporations) Rules 2000 (Cth) r 3.2 Corporations Regulations 2001 (Cth) reg 5.1.01, Schedule 8 Part 3 cls 8301, 8302 Financial Services and Markets Act 2000 (UK)
Cases cited: Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485 Chevron (TAPL) Pty Ltd v Chevron Australia Pty Ltd, re Chevron (TAPL) Pty Ltd [2022] FCA 220 Choiseul Investments Limited, in the matter of Choiseul Investments [2010] FCA 1189 Nordic Bank plc v International Harvester Australia Ltd [1983] 2 VR 298 Permanent Trustee Company Limited [2002] NSWSC 1177 Re Absolute Equity Performance Fund Ltd [2022] FCA 933 Re APN News & Media Limited [2007] FCA 770 Re Asaleo Care Limited [2021] FCA 406 Re Aston Resources Limited [2012] FCA 229 Re Atlassian Corporation Pty Limited [2013] FCA 1451 Re Clough Limited [2013] FCA 1149 Re CSR Ltd [2010] FCAFC 34; (2010) 183 FCR 358 Re David Jones Limited (No 3) [2014] FCA 753 Re Dragontail Systems Limited [2021] FCA 834 Re Excelsior Gold Limited [2018] FCA 2064 Re Foundation Healthcare Limited [2002] FCA 742 Re Galaxy Resources Ltd [No 2] [2021] WASC 314 Re Japara Healthcare Limited [2021] FCA 1150 Re Kangaroo Resources Ltd [2018] WASC 327 Re Kumarina Resources Ltd [2013] FCA 549 Re Mod Resources Ltd [2019] WASC 326 Re Navitas Ltd [2019] WASC 180 Re NRMA Ltd [2000] NSWSC 82 Re Opes Prime Stockbroking Ltd (No 2) [2009] FCA 813; (2009) 179 FCR 20 Re Quantum Health Group Limited [2022] NSWSC 26 Re Redflex Holdings Limited [2021] FCA 417 Re Staging Connections Group Limited [2015] FCA 1012 Re Virtus Health Limited [2022] NSWSC 597 Re Vocus Group Limited [2021] NSWSC 630 Re Wellcom Group Limited [2019] FCA 1655 Re Wesfarmers Ltd [2018] WASC 308 Re Xplore Wealth Limited [2020] FCA 1868 Rusina Mining NL, in the matter of Rusina Mining [2010] FCA 517 Sovereign Life Assurance Co v Dodd [1892] 2 QB 573 Spark Infrastructure Holdings No 1 Limited [2010] NSWSC 1497; (2010) 79 NSWLR 756
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