Federal Court of Australia
Federal Court of Australia
McEvoy, in the matter of KHC Group Pty Limited (Subject to Deed of Company Arrangement) [2023] FCA 1006 File number(s): NSD 853 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 24 August 2023
Catchwords: CORPORATIONS – application for leave to transfer existing shares in applicant Company pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth) – where Company subject to deed of company arrangement (DOCA) – where share transfer is a condition precedent of DOCA – whether share transfer would not unfairly prejudice the interests of members of the Company – Held: leave granted
Legislation: Corporations Act 2001 (Cth) ss 444GA(1)(b), 447A(1) Insolvency Practice Schedule (Corporations) s 90-15
Cases cited: Park, in the matter of Collection House Limited (Subject to a Deed of Company Arrangement) [2022] FCA 1244 Weaver (as deed admins of Midwest Vanadium Pty Ltd) v Noble Resources Ltd [2010] WASC 182; 41 WAR 301
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 27
Date of hearing: 24 August 2023
Counsel for the Applicants Mr J Pokoney
Solicitors for the Applicants K&L Gates
ORDERS NSD 853 of 2023 IN THE MATTER OF KHC GROUP PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 616 838 549 ANDREW JAMES MCEVOY First Applicant
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