Federal Court of Australia
Federal Court of Australia
Midway Limited, in the matter of Midway Limited [2025] FCA 47 File number(s): VID 1313 of 2024
Judgment of: ANDERSON J
Date of judgment: 4 February 2025
Date of publication of reasons 6 February 2025
Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – order sought under s 411 of the Corporations Act 2001 (Cth) to approve the scheme – scheme considerations – whether statutory prerequisites are satisfied – whether the Court's discretion should be exercised approve the scheme – scheme approved – compliance with s 411(11) exempted
Legislation: Corporations Act 2001 (Cth)
Cases cited: Re Amcor (No 2) [2019] FCA 842 Re AWA Mutual Limited (No 2) [2024] FCA 104 Re Costa Group Holdings Limited [2024] FCA 59 Re Crown Resorts Limited (No 2) [2022] FCA 710 Re Equinox Resources Ltd (2004) 49 ACSR 692; [2004] WASC 143 Re iSelect Ltd (2022) 166 ACSR 41 Re TriAusMin Ltd (No 2) [2014] FCA 833
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 45
Date of hearing: 4 February 2025
Counsel for the Plaintiff: Mr B Holmes
Solicitor for the Plaintiff: Nicholson Ryan Lawyers
Counsel for RCM BidCo Pty Ltd Mr J Rudd
Solicitor for RCM BidCo Pty Ltd Ashurst
ORDERS VID 1313 of 2024 IN THE MATTER OF MIDWAY LIMITED (ACN 005 616 044) MIDWAY LIMITED (ACN 005 616 044) Plaintiff
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