In the matter of Pulse Health Limited [2017] NSWSC 651

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Pulse Health Limited [2017] NSWSC 651 Hearing dates: 3 May 2017 Decision date: 03 May 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court approves the proposed scheme of arrangement pursuant to s 411 of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application for approval of scheme of arrangement – where scheme of arrangement involves the Plaintiff's shareholders transferring their shares to a purchaser for cash consideration – whether certain shareholder would receive collateral benefit – whether scheme of arrangement should be approved Cases Cited: - Perpetual Custodians Limited (as custodian for Tamoran Pty Ltd as trustee for Crivelli) v IOOF Investment Management Limited [2013] NSWCA 231; (2013) 304 ALR 436 - Re Amcom Telecommunications Limited (No 4) [2015] FCA 720; (2015) 107 ACSR 341 - Re Aston Resources Limited [2012] FCA 229 - Re Boart Longyear Limited [2017] NSWSC 567 - Re Central Pacific Minerals NL [2002] FCA 239 - Re David Jones Limited (No 2) [2014] FCA 720; (2014) 101 ACSR 381 - Re David Jones Limited (No 3) [2014] FCA 753 - Re iSoft Group Limited [2011] FCA 680 - Re Mosaic Oil NL (No 2) [2010] FCA 1186; (2010) 80 ACSR 281 - Re Opes Prime Stockbroking Limited (No 2) [2009] FCA 813; (2009) 179 FCR 20 - Re People Telecom Limited [2009] FCA 180 - Re Redcape Property Fund Ltd and Trust Company (RE Services) Ltd (as the responsible entity for the Redcape Property Trust) [2012] NSWSC 486 - Re Seven Network Ltd (No 3) [2010] FCA 400; (2010) 77 ACSR 701 - Re Straits Resources Limited [2010] FCA 1466 - Sovereign Life Assurance Company v Dodd [1892] 2 QB 573 Category: Principal judgment Parties: Pulse Health Limited (Plaintiff) Representation: Counsel: G Rich SC/R Foreman (Plaintiff) N Kidd SC (Healthe Care Australia Pty Ltd)