Federal Court of Australia
Federal Court of Australia
Essential Metals Limited, in the matter of Essential Metals Limited [2023] FCA 240 File number: WAD 49 of 2023
Judgment of: BANKS-SMITH J
Date of judgment: 17 March 2023
Date of publication of reasons: 21 March 2023
Catchwords: CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by acquisition of shares - performance risk - break fee - director benefits and recommendation - shareholder communications - call scripts - orders made
Legislation: Corporations Act 2001 (Cth) ss 9, 411, 412 Corporations Regulations 2001 (Cth) Schedule 8 Property Law Act 1969 (WA) s 11
Cases cited: Amcom Telecommunications Limited, in the matter of Amcom Telecommunications Limited [2015] FCA 341 APN News & Media Limited, in the matter of APN News & Media Limited [2007] FCA 770 Asaleo Care Limited, in the matter of Asaleo Care Limited [2021] FCA 406 Chevron (TAPL) Pty Ltd v Chevron Australia Pty Ltd, in the matter of Chevron (TAPL) Pty Ltd [2022] FCA 220 Decimal Software Limited, in the matter of Decimal Software Limited [2018] FCA 1647 Dragontail Systems Limited, in the matter of Dragontail Systems Limited [2021] FCA 834 EcoBiotics Limited, in the matter of EcoBiotics Limited [2017] FCA 643 Excelsior Gold Limited, in the matter of Excelsior Gold Limited [2018] FCA 2064 In the matter of Ausnet Services Ltd [2022] NSWSC 21 In the matter of Link Administration Holdings Limited [2022] NSWSC 650 In the matter of Ovato Print Pty Ltd [2020] NSWSC 1683 In the matter of ResApp Health Ltd [2022] NSWSC 1014 iSelect Limited, in the Matter of iSelect Limited [2022] FCA 1329 Japara Healthcare Limited, in the matter of Japara Healthcare Limited [2021] FCA 1150 Over the Wire Holdings Limited, in the matter of Over the Wire Holdings Limited [2022] FCA 26 Programmed Maintenance Services Limited, in the matter of Programmed Maintenance Services Limited [2017] FCA 1265 Re Arthur Yates & Co Ltd [2001] NSWSC 40 Re Centro Retail Ltd (in its capacity as responsible entity of Centro Retail Trust) [2011] NSWSC 1321 Re Galaxy Resources Ltd; Ex Parte Galaxy Resources Ltd [2021] WASC 277 Re Galaxy Resources Ltd; Ex Parte Galaxy Resources Ltd [No 2] [2021] WASC 314 Re Vimy Resources Ltd (No 2) [2022] WASC 257 Re Wesfarmers Ltd; Ex parte Wesfarmers Ltd [2018] WASC 308 Re Wesfarmers Ltd; Ex parte Wesfarmers Ltd [No 2] [2018] WASC 357 Re Western Areas Ltd; Ex Parte Western Areas Ltd [2022] WASC 193 Rusina Mining NL, in the matter of Rusina Mining [2010] FCA 517 Signature Gold Ltd, in the matter of Signature Gold Ltd [2017] FCA 1481 SRG Limited, in the matter of SRG Limited [2018] FCA 1092 Staging Connections Group Limited, in the matter of Staging Connections Group Limited [2015] FCA 1012 Tawana Resources NL, in the matter of Tawana Resources NL [2018] FCA 1456 Tawana Resources NL, in the matter of Tawana Resources NL (No 2) [2018] FCA 1724 ThinkSmart Limited, in the matter of ThinkSmart Limited [2022] FCA 1314
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