NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Wollongong Coal Limited; In the matter of Jindal Steel & Power (Australia) Pty Limited [2020] NSWSC 614 Hearing dates: 29 April 2020 Date of orders: 29 April 2020 Decision date: 22 May 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made retrospectively extending time for satisfaction or waiver of conditions precedent to schemes of arrangement. Catchwords: CORPORATIONS – Schemes of arrangement – Where court has powers to retrospectively extend time to satisfy or waive conditions precedent – Whether power should be exercised Legislation Cited: - Corporations Act 2001 (Cth), ss 411, 1322(4)(d) - Uniform Rules of Civil Procedure 2005 (NSW), rr 1.12, 36.17 Cases Cited: - Kempe v Ambassador Insurance Company (Bermuda) [1998] 1 WLR 271 - Re AGL Gas Networks Ltd [2001] NSWSC 165 - Re Tawana Resources NL (No 4) [2019] FCA 75 - Re The Dominion Insurance Company of Australia Ltd [2013] NSWSC 898 - Re Wollongong Coal Ltd and Jindal Steel & Coal Australia Pty Ltd [2020] NSWSC 73 Category: Procedural and other rulings Parties: Wollongong Coal Limited (First Plaintiff) Jindal Steel & Power (Australia) Pty Limited (Second Plaintiff) Representation: Counsel: C R C Newlinds SC/N M Bender (Plaintiffs) I M Jackman SC (Certain scheme creditors)
Solicitors: DLA Piper Australia (Plaintiffs) Gilbert & Tobin (Certain scheme creditors) File Number(s): 2019/384003
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