Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alumina Limited, in the matter of Alumina Limited [2024] FCA 806 File number(s): VID 458 of 2024
Judgment of: MCELWAINE J
Date of judgment: 22 July 2024
Catchwords: CORPORATIONS – scheme of arrangement – scheme concerning acquisition of shares – second court hearing – where s 411(4) of the Corporations Act 2001 (Cth) satisfied – US Securities Act of 1933 (US) exemption – approval granted – orders for approval of scheme and exemption from requirement in s 411(11) of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) ss 411, 412, Ch 6 Federal Court Rules 2000 (Cth) rr 2.4(1), 2.15, 3.4 Securities Act of 1933 (US) s 3(a)(10)
Cases cited: Re Amcor Ltd (No 2) [2019] FCA 842 Re Atlantic Gold NL (No 2) [2014] FCA 869 Re Australia and New Zealand Banking Group Ltd (No 2) [2022] FCA 1547 Re Equinox Resources Ltd (2004) 49 ASCR 692; [2004] WASC 143 Re Newcrest Mining Ltd) [2023] FCA 1080
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 29
Date of hearing: 22 July 2024
Counsel for the Plaintiff P Crutchfield KC and B Holmes
Solicitor for the Plaintiff King & Wood Mallesons
Counsel for the Bidder J Rudd
Solicitor for the Bidder Ashurst
ORDERS VID 458 of 2024 IN THE MATTER OF ALUMINA LIMITED ACN 004 820 419 BETWEEN: ALUMINA LIMITED Plaintiff AND: AAC INVESTMENTS AUSTRALIA 2 PTY LTD Interested Person
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