In the matter of Kalgoorlie Lake View Pty Ltd ACN 004 990 274, Macapa Pty Ltd ACN 008 979 986, Norkal Pty Ltd ACN 008 940 743, Newmont GRPL Pty Ltd ACN 008 976 958 & North Kalgurli Mines Pty Limited ACN 008 747 886 [2005] FCA 960

In the matter of Kalgoorlie Lake View Pty Ltd ACN 004 990 274, Macapa Pty Ltd ACN 008 979 986, Norkal Pty Ltd ACN 008 940 743, Newmont GRPL Pty Ltd ACN 008 976 958 & North Kalgurli Mines Pty Limited ACN 008 747 886 [2005] FCA 960

The formal requirements of s 411(3) and s 412(1) of the Corporations Act 2001 (Cth) have been complied with, and no reason exists not to convene the meetings as sought for the consideration of the proposed scheme of arrangement.

Jurisdiction
Australia
Judgment Date
08 July 2005
Procedural Posture
Corporations – Scheme of Arrangement Application / Application to Convene Meetings of Members Under S 411
Outcome
Orders made to convene meetings of members of each plaintiff company for the purposes of considering the proposed schemes of arrangement.
Legal Topics
['scheme of Arrangement' 'amalgamation of Related Companies' "convening of Members' Meetings" 'compliance With Statutory Requirements']
['corporations Law'] ['scheme of Arrangement' 'amalgamation of Related Companies' "convening of Members' Meetings" 'compliance With Statutory Requirements']

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Procedural Posture

Corporations – Scheme of Arrangement Application / Application to Convene Meetings of Members Under S 411

Legal Issues

  1. 1 ['Whether the court should order meetings of members to consider proposed schemes of arrangement under s 411 of the Corporations Act 2001 (Cth)' 'Whether the proposed explanatory statement and scheme comply with statutory requirements' 'Whether it is appropriate to convene the meetings in the current form']

Ratio Decidendi

The formal requirements of s 411(3) and s 412(1) of the Corporations Act 2001 (Cth) have been complied with, and no reason exists not to convene the meetings as sought for the consideration of the proposed scheme of arrangement.

Court Disposition

Orders made to convene meetings of members of each plaintiff company for the purposes of considering the proposed schemes of arrangement.

Orders

  • ['Each Plaintiff company to convene a meeting of its members to consider the proposed scheme of arrangement as described in the Explanatory Statement.' 'Meetings to be held on 11 July 2005 at 100 Hutt Street, Adelaide, with specific times assigned to each company.' 'Notice of meetings and proxy forms to be delivered...