Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Catholic Church Insurance Limited, in the matter of Catholic Church Insurance Limited (No 2) [2023] FCA 1352 File number(s): VID 715 of 2023
Judgment of: JACKMAN J
Date of judgment: 2 November 2023
Date of publication of reasons: 3 November 2023
Catchwords: CORPORATIONS – creditors' 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 all statutory and procedural requirements satisfied – where there are no reasons to exercise the Court's discretion to decline to approve the scheme – scheme approved
Legislation: Corporations Act 2001 (Cth) Ch 6, ss 411, 412, 601AG Insurance Contracts Act 1984 (Cth) s 51 Associations Incorporation Act 1964 (Tas) s 36 Civil Liability (Third Parties Claims against Insurers) Act 2017 (NSW)
Cases cited: Re Boart Longyear Limited (No 2) [2017] NSWSC 1105; (2017) 122 ACSR 437 Re Catholic Church Insurance Limited [2023] FCA 1197 Re DuluxGroup Limited (No 2) [2019] FCA 1225 Re Opes Prime Stockbroking Limited (No 2) [2009] FCA 864; (2009) 73 ACSR 411
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 37
Date of hearing: 2 November 2023
Counsel for the Plaintiff: Mr P Crutchfield KC and Mr J Rudd
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