Federal Court of Australia
Federal Court of Australia
Blackmores Limited, in the matter of Blackmores Limited (No 2) [2023] FCA 850 File number(s): NSD 435 of 2023
Judgment of: JACKMAN J
Date of judgment: 20 July 2023
Catchwords: CORPORATIONS – scheme of arrangement – second Court hearing – application for orders under s 411 of the Corporations Act 2001 (Cth) approving the proposed scheme of arrangement – where proposed scheme approved at scheme meeting – letter of no objection from ASIC provided – all statutory requirements satisfied – scheme approved
Legislation: Corporations Act 2001 (Cth) s 411
Cases cited: Re Blackmores Limited [2023] FCA 624 Re Seven Network [2010] FCA 400; (2010) 77 ACSR 701 Re Vita Group Ltd (No 2) [2023] FCA 623
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 10
Date of hearing: 20 July 2023
Counsel for the Plaintiff: Mr J R Williams SC
Solicitor for the Plaintiff: Herbert Smith Freehills
Counsel for the Bidder: Mr S K Dharmananda SC
Solicitor for the Bidder: Thomson Geer
ORDERS NSD 435 of 2023 IN THE MATTER OF BLACKMORES LIMITED BLACKMORES LIMITED ABN 35 009 713 437 Plaintiff
order made by: JACKMAN J DATE OF ORDER: 20 JULY 2023
THE COURT ORDERS THAT:
1. Pursuant to paragraph 411(4)(b) of the Corporations Act 2001 (Cth) (Corporations Act), the scheme of arrangement between the Plaintiff and holders of fully paid ordinary shares in the Plaintiff (which is Exhibit 2 in this proceeding) (Scheme), be approved. 2. Pursuant to subsection 411(12) of the Corporations Act, the Plaintiff be exempt from compliance with subsection 411(11) of the Corporations Act in relation to the Scheme. 3. An office copy of these orders be lodged with the Australian Securities and Investments Commission. 4. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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