Federal Court of Australia
Federal Court of Australia
Probiotec Limited, in the matter of Probiotec Limited (No 2) [2024] FCA 593 File number: VID 182 of 2024
Judgment of: BUTTON J
Date of judgment: 5 June 2024
Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – application under s 411(4)(b) of the Corporations Act 2001 (Cth) to approve scheme of arrangement – where scheme implementation deed provides for the bidder to acquire all of the shares in Probiotec Limited – orders made
Legislation: Corporations Act 2001 (Cth) ss 411, 412 Federal Court (Corporations) Rules 2000 (Cth) r 3.4
Cases cited: Re Amcor Ltd (No 2) [2019] FCA 842 Re APN Outdoor Group Ltd (No 2) [2018] FCA 1633 Re Australia & New Zealand Banking Group Ltd (No 2) [2022] FCA 1547 Re Clemenger Group Ltd (No 2) [2023] FCA 974 Re Costa Group Holdings Ltd [2024] FCA 59 Re Equinox Resources Ltd (2004) 49 ACSR 692; [2004] WASC 143 Re iSelect Ltd (No 2) (2022) 166 ACSR 41; [2022] FCA 1528 Re Matine Ltd (1998) 28 ACSR 268 Re Surf Lakes Holdings Ltd (No 2) [2023] FCA 1601
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 45
Date of hearing: 5 June 2024
Counsel for the Plaintiff: M Izzo SC with B Holmes
Solicitor for the Plaintiff: Arnold Bloch Leibler
Counsel for the Bidder: J Rudd
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