Federal Court of Australia
Federal Court of Australia
A-Cap Energy Limited, in the matter of A-Cap Energy Limited (No 2) [2023] FCA 1356 File number: WAD 187 of 2023
Judgment of: FEUTRILL J
Date of judgment: 26 October 2023
Date of publication of reasons: 6 November 2023
Catchwords: CORPORATIONS – scheme of arrangement – application for approval of arrangements between members (shareholders) and creditors (optionholders) under s 411(4) of the Corporations Act 2001 (Cth) – applicable principles – significance of low voter turnout at scheme meeting – communications with scheme class members after first court hearing – validity of scheme class member proxies – integrity of scheme meeting process
Legislation: Corporations Act 2001 (Cth) ss 250A, 250A(1), 250B, 250B(1)(b), 411(4)(a), 411(4)(b), 411(11), 411(12), 411(17), 411(17)(b), 412, 675; Pt 2G.2 Corporations Regulations 2001 (Cth) reg 2G.2.01
Cases cited: A-Cap Energy Limited, in the matter of A-Cap Energy Limited [2023] FCA 1142 Andean Resources Limited, in the matter of Andean Resources Limited [2010] FCA 1190 Avita Medical Limited, in the matter of Avita Medical Limited (No 3) [2020] FCA 896 Chesser Resources Limited, in the matter of Chesser Resources (No 2) [2023] FCA 1067 Decimal Software Limited, in the matter of Decimal Software Limited (No 2) [2018] FCA 2040 Essential Metals Limited, in the matter of Essential Metals Limited [2023] FCA 240 Fairfax Media Limited, in the matter of Fairfax Media Ltd (No 2) [2018] FCA 1930; (2018) 366 ALR 516 Re Matine Ltd (1998) 28 ACSR 268 Seven Network Limited (ACN 052 816 789), in the matter of Seven Network Limited (No 3) [2010] FCA 400; (2010) 267 ALR 583 TriAusMin Limited, in the matter of TriAusMin Limited (No 2) [2014] FCA 833 Vita Group Ltd, in the matter of Vita Group Ltd [2023] FCA 400 Walsh & Company Investment Limited as responsible entity of Fort Street Real Estate Capital Fund I, Fort Street Real Estate Capital Fund II, Fort Street Real Estate Capital Fund III and Fort Street Real Estate Capital Fund IV [2020] NSWSC 1746
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