Federal Court of Australia
Federal Court of Australia
Carbon Revolution Limited, in the matter of Carbon Revolution Limited (No 3) [2023] FCA 1270 File number: VID 428 of 2023
Judgment of: MOSHINSKY J
Date of judgment: 18 October 2023
Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – where scheme had been approved by requisite majorities – where all statutory and procedural requirements satisfied – where the plaintiff sought Court approval of amendments to the scheme – where one category of amendments had been foreshadowed to members before the scheme meeting – where the other category of amendments had not been foreshadowed to members, and involved converting two conditions precedent to conditions subsequent – held: amendments made and scheme (as so amended) approved
Legislation: Corporations Act 2001 (Cth), ss 411, 412 Federal Court (Corporations) Rules 2000 (Cth), r 3.5
Cases cited: Re Adelaide Air Conditioning and Domestic Engineers Ltd (In Liq) [1972] 6 SASR 603 Re Afterpay Limited (No 2) [2021] NSWSC 1709 Re Atlassian Corporation Pty Ltd [2013] FCA 1451 Re Australian Co-operative Foods Ltd [2008] NSWSC 1221 Re Aveo Group Ltd and Aveo Funds Management Ltd (No 2) [2019] NSWSC 1679 Re Billabong International Ltd (No 2) [2018] FCA 496; 26 ACLC 18-011 Re Healthscope Ltd (No 2) [2019] FCA 759; 136 ACSR 259 Re Homemaker Retail Management Ltd [2001] NSWSC 1058; 40 ACSR 116 Re Independent Practitioner Network Ltd (No 2) [2008] FCA 1593; 26 ACLC 1,249 Re Industrea Ltd (No 2) [2012] FCA 1287 Re Investorinfo Ltd [2005] FCA 1848; 24 ACLC 44 Re iProperty Group Ltd [2015] FCA 1507 Re Japara Healthcare Ltd (No 2) [2021] FCA 1317 Re Medical Australia Ltd (No 2) [2017] FCA 1429 Re NRMA Ltd (No 1) [2000] NSWSC 82; 156 FLR 349 Re Permanent Trustee Co Ltd [2002] NSWSC 1177; 43 ACSR 601 Re Professional Investment Holdings Ltd (No 2) [2010] FCA 1336 Re Seven Network Ltd (No 3) [2010] FCA 400; 267 ALR 583 Re Signature Capital Investments Ltd (No 2) [2016] FCA 385 Re Solution 6 Holdings Ltd [2004] FCA 1049; 50 ACSR 113 Re Verdant Minerals Ltd (No 2) [2019] FCA 841
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate