In the matter of ResApp Health Ltd [2022] NSWSC 1014

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ResApp Health Ltd [2022] NSWSC 1014 Hearing dates: 22 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Plaintiff is authorised to use an outbound call script substantially in the form of Exhibit MNW-20 to the affidavit of Matthew James Nowotny‑Walsh affirmed on 21 July 2022. Plaintiff to have liberty to apply. Catchwords: CORPORATIONS — Scheme of arrangement — Application for approval of communications to shareholders by way of telephone calls — Where plaintiff seeks to have a third party call and communicate information to shareholders in accordance with a script. CIVIL PROCEDURE — Hearings — Ex parte — Duty of disclosure — Where plaintiff previously made an announcement without Court approval to the Australian Securities Exchange ("ASX") which highlighted the asserted advantages of the scheme but omitted potential disadvantages — Where plaintiff issued a subsequent correcting announcement to the ASX identifying potential disadvantages — Where plaintiff did not disclose to the Court the announcements made to the ASX nor issues raised by the Australian Securities and Investments Commission in relation to those announcements. Cases Cited: Aristocrat Technologies Australia Pty Ltd [2016] HCA 3 Re Billabong International Ltd (No 2) [2018] FCA 496 Re Centro Retail Ltd [2011] NSWSC 1321 Re Investa Listed Funds Management Ltd [2016] NSWSC 344 Re Investa Listed Funds Management Ltd [2016] NSWSC 369 Re Prime Media Group Ltd [2019] NSWSC 1888 Re ResApp Health Ltd [2022] NSWSC 983 Re Tabcorp Holdings Ltd [2022] NSWSC 448 Re Tawana Resources NL (No 2) [2018] FCA 1724 Re Trust Company Ltd [2013] NSWSC 1946 Re Walsh and Company Investments Ltd [2020] NSWSC 1746 Category: Procedural rulings Parties: ResApp Health Limited (Plaintiff) Representation: Counsel: A J Papamatheos (Plaintiff) D F C Thomas SC (Acquirer)