In the matter of Viscopy Limited [2017] NSWSC 1516

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Viscopy Limited [2017] NSWSC 1516 Hearing dates: 6 October 2017 Decision date: 06 October 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders pursuant to s 411 of the Corporations Act 2001 (Cth) that the Plaintiff convene a meeting of members for the purposes of considering and, if thought fit, agreeing to the proposed scheme of arrangement, and makes ancillary orders. Catchwords: CORPORATIONS — Scheme of arrangement — Application for order convening meeting of members to consider scheme of arrangement – where scheme would amalgamate two not-for-profit companies limited by guarantee – where some members of proponent also members of other amalgamating company – whether members should vote in classes. Legislation Cited: - Corporations Act 2001 (Cth), ss 411, 413 - Corporations Regulations 2001 (Cth), reg 5.1.01(1), Sch 8 para 8302(h) Cases Cited: - First Pacific Advisors LLC v Boart Longyear Ltd [2017] NSWCA 116; (2017) 320 FLR 78; 121 ACSR 136 - Re Boart Longyear Ltd [2017] NSWSC 567 - Re Professional Golfers Association of Australia Ltd [2007] FCA 1571 - Re United Medical Protection Ltd [2007] FCA 631 - Sovereign Life Assurance Co v Dodd [1892] 2 QB 573 Category: Principal judgment Parties: Viscopy Limited (Plaintiff) Representation: Counsel: J C Conde (Plaintiff)

Solicitors: M Clark (Plaintiff) File Number(s): 2017/229060