Federal Court of Australia
Federal Court of Australia
Vita Group Ltd, in the matter of Vita Group Ltd (No 2) [2023] FCA 623 File number(s): NSD 252 of 2023
Judgment of: JACKMAN J
Date of judgment: 9 June 2023
Catchwords: CORPORATIONS – scheme of arrangement – second Court hearing – unnecessary to provide evidence that the explanatory statement and accompanying material has been dispatched in accordance with the Court's orders – unnecessary to provide evidence of shareholder turnout – unnecessary for the chairperson to prove what was said at the meeting
Legislation: Corporations Act 2001 (Cth) ss 411, 1322 Evidence Act 1995 (Cth) s 55 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Re Matine Ltd (1998) 28 ACSR 268 Re Professional Investment Holdings Ltd (No 2) [2010] FCA 1336 Re Seven Network Ltd (No 3) [2010] FCA 400 Re Vita Group Ltd [2023] FCA 400
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 8
Date of hearing: 8 June 2023
Counsel for the Plaintiff: Mr D F C Thomas SC
Solicitor for the Plaintiff: Minter Ellison
Counsel for the Bidder: Mr T E O'Brien
Solicitor for the Bidder: Gilbert + Tobin
ORDERS NSD 252 of 2023 IN THE MATTER OF VITA GROUP LTD VITA GROUP LTD ACN 113 178 519 Plaintiff
order made by: JACKMAN J DATE OF ORDER: 8 JUNE 2023
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