Federal Court of Australia
Federal Court of Australia CW Group Holdings Limited, in the matter of CW Group Holdings Limited [2024] FCA 1471 File number:
Judgment of: MOSHINSKY J
Date of judgment: 13 December 2024
Catchwords: CORPORATIONS – members' scheme of arrangement – first court hearing – application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff – whether statutory prerequisites satisfied – whether the Court's discretion should be exercised to convene the meeting – whether interests and benefits to directors in relation to the scheme meant there was a need for separate classes – appropriateness of directors making a recommendation to shareholders in relation to the proposed scheme – held: orders made to convene a meeting of members of the plaintiff
Corporations Act 2001 (Cth), ss 411, 412 Legislation: Corporations Regulations 2001 (Cth), reg 5.1.01 Federal Court (Corporations) Rules 2000 (Cth), rr 2.4, 3.2, 3.3, 3.4
Re 5G Networks Limited [2021] FCA 1189 Re Carbon Revolution Ltd [2023] FCA 1081 Cases cited: Re DWS Limited [2020] FCA 1590; 148 ACSR 616 Re Foundation Healthcare Ltd [2002] FCA 742; 42 ACSR 252 Re Japara Healthcare Limited [2021] FCA 1150; 156 ACSR 695 Re PM Capital Asian Opportunities Fund Limited [2021] FCA 1380
Division: General Division
Registry: Victoria
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