Federal Court of Australia
Federal Court of Australia
Strike West Holdings Pty Ltd, in the matter of strike West Holdings Pty Ltd [2023] FCA 15 File number: WAD 9 of 2023
Judgment of: BANKS-SMITH J
Date of judgment: 17 January 2023
Catchwords: CORPORATIONS - takeovers - off-market bid - application for extension of time for compliance with s 625(3)(c)(i) of the Corporations Act 2001 (Cth) - where solicitor relied on precedent template which contained error confusing the commencement of the offer period with the commencement of the bid period - where error perpetuated - principles relevant to exercise of discretion to grant extension - error a result of inadvertence - extension granted
Legislation: Corporations Act 2001 (Cth) ss 625, 659B, 1325A, Chapter 6, Part 6.4 Federal Court Rules 2011 (Cth) r 2.25
Cases cited: Dourado Resources Limited v Aurium Resources Limited [2010] FCA 1208 FE Limited v Padbury Mining Limited [2010] FCA 1207 GrainCorp Limited, in the matter of GrainCorp Limited [2008] FCA 996 In the matter of Clime Capital Limited [2019] NSWSC 1479 In the matter of MacMahon Holdings Limited [2008] FCA 1079 In the matter of Sandon Capital Investments Ltd [2019] NSWSC 1512 Venturex Resources Limited, in the matter of Venturex Resources Limited [2009] FCA 677; (2009) 177 FCR 391
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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