Federal Court of Australia
Federal Court of Australia
Kwinana, in the matter of Kwinana Wte Pty Ltd as trustee for the Kwinana Wte Holding Trust [2024] FCA 48 File number: NSD 90 of 2024
Judgment of: LEE J
Date of judgment: 5 February 2024
Catchwords: CORPORATIONS – proposed scheme of arrangement – application for orders pursuant to s 411(1) of the Corporations Act 2001 (Cth) to convene creditors' meeting – first court hearing – where proposed scheme is conditional upon execution of deeds binding third parties to scheme – principles relevant to the Court's inquiry at the convening stage – statutory and procedural requirements met for convening creditors' meeting – orders made
Legislation: Corporations Act 2001 (Cth) Pt 5.1, ss 411, 411(1), 411(2), 411(4)(b), 412(1) Corporations Regulations 2001 (Cth) Pt 2, cl 8203(a), r 5.1.01 Federal Court (Corporations) Rules 2000 (Cth) rr 2.15, 3.4 Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-15(2)
Cases cited: ASIC v Marlborough Gold Mines Ltd (1993) 177 CLR 485 Catholic Church Insurance Limited, in the matter of Catholic Church Insurance Limited [2023] FCA 1197 Re Foundation Healthcare Ltd [2002] FCA 742; (2002) 42 ACSR 252 Re United Medical Protection Ltd [2007] FCA 631
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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