Federal Court of Australia
Federal Court of Australia
Nearmap Ltd, in the matter of Nearmap Ltd (No 2) [2022] FCA 1464 File number: NSD 771 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 5 December 2022
Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – where approval of scheme sought pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) –where scheme is straightforward acquisition scheme with cash consideration – where statutory and procedural requirements met – whether scheme ought be approved – Held: orders made.
Legislation: Corporations Act 2001 (Cth), ss 411, 412, 1322(2) Federal Court (Corporations) Rules 2000 (Cth), rr 3.4, 3.5
Cases cited: Re Amcor (No 2) [2019] FCA 842 Re APN Property Group Limited (No 3) [2021] VSC 490 Re Healthscope [2019] FCA 759; 136 ACSR 259 Re PayGroup Limited (No 2) [2022] FCA 1350 Re TriAusMin Ltd (No 2) [2014] FCA 833 Re Vault Intelligence Ltd (No 2) [2020] FCA 1504
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 32
Date of hearing: 5 December 2022
Counsel for the Plaintiff: Mr N Young KC with Mr B Holmes
Solicitors for the Plaintiff: DLA Piper
Counsel for an Interested Person: Mr P Crutchfield KC for the bidder, Atlas AU BidCo Pty Ltd
ORDERS NSD 771 of 2022 IN THE MATTER OF NEARMAP LTD (ACN 083 702 907)) NEARMAP LTD (ACN 083 702 907)) Plaintiff
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