Federal Court of Australia
Federal Court of Australia CW Group Holdings Limited, in the matter of CW Group Holdings Limited (No 2) [2025] FCA 43 File number:
Judgment of: MOSHINSKY J
Date of judgment: 3 February 2025
Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – application for approval of scheme – applicable principles – whether statutory and procedural requirements satisfied – whether the Court should exercise its discretion to approve the scheme – held: scheme approved
Legislation: Corporations Act 2001 (Cth), ss 411, 412 Federal Court (Corporations) Rules 2000 (Cth), r 3.5
Re Healthscope Ltd (No 2) [2019] FCA 759; 136 ACSR 259 Re Medical Australia Ltd (No 2) [2017] FCA 1429 Re NRMA Ltd (No 1) [2000] NSWSC 82; 156 FLR 349 Cases cited: Re Permanent Trustee Co Ltd [2002] NSWSC 1177; 43 ACSR 601 Re Seven Network Ltd (No 3) [2010] FCA 400; 267 ALR 583 Re Signature Capital Investments Ltd (No 2) [2016] FCA 385 Re Solution 6 Holdings Ltd [2004] FCA 1049; 50 ACSR 113 Re Verdant Minerals Ltd (No 2) [2019] FCA 841
Division: General Division
Registry: Victoria
National Practice Area:
Sub-area:
Number of paragraphs: 35
Date of hearing: 3 February 2025
Counsel for the Plaintiff: Mr PD Crutchfield KC with Mr BK Holmes
Solicitor for the Plaintiff: Herbert Smith Freehills
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