Australia and New Zealand Banking Group Limited, in the matter of Australia and New Zealand Banking Group Limited (No 2) [2022] FCA 1547

Federal Court of Australia

Australia and New Zealand Banking Group Limited, in the matter of Australia and New Zealand Banking Group Limited (No 2) [2022] FCA 1547 File number: VID 536 of 2022

Judgment of: O'BRYAN J

Date of judgment: 19 December 2022

Date of publication of reasons: 20 December 2022

Catchwords: CORPORATIONS – scheme of arrangement to implement a proposed internal restructure – establishment of a non-operating holding company to be the new listed parent company of the ANZ Group in place of the plaintiff – order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme of arrangement – orders made approving scheme of arrangement

Legislation: Corporations Act 2001 (Cth) ss 411(4), 411(11), 411(12), 411(17), 412(6) Federal Court (Corporations) Rules 2000 (Cth) rr 3.4, 3.5(b)

Cases cited: Australia and New Zealand Banking Group Limited, in the matter of Australia and New Zealand Banking Group Limited [2022] FCA 1378 Re Amcor [2019] FCA 842 Re Amcor (No 2) [2019] FCA 842 Re TriAusMin Ltd (No 2) [2014] FCA 833 Re Vault Intelligence Ltd (No 2) [2020] FCA 1504

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 49

Date of hearing: 19 December 2022

Counsel for the Plaintiff: Mr P D Crutchfield KC with Mr B K Holmes

Solicitor for the Plaintiff: Herbert Smith Freehills