NSW Caselaw
New South Wales Supreme Court
CITATION : Australian Co-operative Foods Ltd [2008] NSWSC 1063
HEARING DATE(S) : 08/10/08
JUDGMENT DATE : 8 October 2008
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 8 October 2008
DECISION : Order appointing date for hearing of application under s 344(1) of Co-operatives Act 1992.
CATCHWORDS : CORPORATIONS - bodies corporate other than companies and associations - co-operative registered under Co-operatives Act 1992 - co-operative planning to propose compromise or arrangement between itself and its members - need to submit compromise or arrangement to special ballot of members for approval by special resolution - court asked to appoint date for hearing of application for order approving compromise or arrangement - various questions arising as to formulation of compromise or arrangement and steps to place it before members - whether court should give advisory opinion on those questions
Companies (Acquisition of Shares) (Victoria) Code, s 11 Co-operatives Act 1992, Part 13, ss 5B, 289, 344(1), 368 LEGISLATION CITED : Corporations Act 2001 (Cth), Part 5.1, ss 143, 411(1), 412(1)(a), 611 Life Insurance Act 1995 (Cth), ss 191(2)(c), 193 Trustee Act 1925, s 63
CATEGORY : Procedural and other rulings
Ansett v Butler Air Transport Ltd (No 2) (1958) 75 WN(NSW) 306 Bass v Permanent Trustee Company Limited (1999) 198 CLR 334 Campbell v Australian Mutual Provident Society (1906) 7 SR(NSW) 99 F T Eastman & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 J Aron Corporation v Newmont Yandal Operations Pty Ltd [2006] NSWCA 46; (2006) 57 ACSR 149 CASES CITED : Macedonian Orthodox Community Church of St Petka Inc v His Eminence Petar [2008] HCA 42 Re Australian Co-operative Foods Ltd [2001] NSWSC 382; (2001) 38 ACSR 71 Re GMHBA Ltd [2008] FCA 1360 Re Namoi Cotton Co-Operative Ltd (1998) 26 ACSR 694 Simon v HPM Industries Pty Ltd (1989) 15 ACLR 427 TVW Enterprises Ltd v Queensland Press Ltd [1983] 2 VR 529
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