In the matter of CSG Limited (No 2) [2020] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: In the matter of CSG Limited (No 2) [2020] NSWSC 39 Hearing dates: 5 February 2020 Date of orders: 05 February 2020 Decision date: 05 February 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: (1) Pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (the Act), the scheme of arrangement between the plaintiff and its members agreed to by the said members at the meeting held on 3 February 2020 (the terms of which were set out in Annexure B to the orders of the Court made on 17 December 2019) (Scheme), be approved.

(2) Pursuant to s 411(12) of the Act, the plaintiff be exempted from compliance with s 411(11) of the Act in relation to the Scheme.

(3) These orders be entered forthwith. Catchwords: CORPORATIONS – Scheme of arrangement – transfer scheme – approval of scheme under Corporations Act 2001 (Cth) s 411(4)(b) – whether direct evidence of conditions precedent relating to regulatory approval is appropriate – Scheme approved Legislation Cited: Corporations Act 2001 (Cth), ss 411(4), 411(11), 411(12), 411(17), Ch 6 Competition and Consumer Act 2010 (Cth), s 50 Cases Cited: Central Pacific Minerals NL (2002) FCA 239 Legend Corporation Limited (No 2) [2019] FCA 1444 MAC Services Group Limited [2010] NSWSC 1474 Macquarie Private Capital A Limited [2008] NSWSC 323 Re Mosaic Oil NL (No 2) [2010] FCA 1186 Re Permanent Trustee Co Ltd (2002) 43 ACSR 601 Re Seven Network Limited (No 3) (2010) 77 ACSR 701 Re Toll Holdings Ltd (No 2) [2015] VSC 236 W D & H O Wills Holdings Ltd Application [1999] NSWSC 866 Category: Principal judgment Parties: CSG Limited (Plaintiff) Fuji Xerox Asia Pacific Pte Ltd (Interested Party) Representation: Counsel: Mr M Oakes SC Mr R Foreman SC (Interested Party)