Amcor Ltd, in the matter of Amcor Ltd [2013] FCA 1183

The scheme proposal is in the best interests of Amcor shareholders, supported by directors and expert report indicating no material prejudice to creditors, and does not create any separate class among shareholders or employees. Thus, the order to convene a scheme meeting is granted.

Parties: Plaintiff: Amcor Ltd ACN 000 017 372
Jurisdiction: Australia
Judgment Date: 01 November 2013
Procedural Posture: Corporations Scheme of Arrangement / Application for Orders Convening Shareholders Meeting
Outcome: Orders made as sought for convening shareholders' meeting and related procedural matters.
Legal Topics: Scheme of Arrangement, De Merger, Shareholders' Meeting, Capital Reduction

Corporations Law Scheme of Arrangement De Merger Shareholders' Meeting Capital Reduction

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Parties

Amcor Ltd ACN 000 017 372

Plaintiff

Procedural Posture

Corporations Scheme of Arrangement / Application for Orders Convening Shareholders Meeting

Legal Issues

1 Whether a meeting of Amcor shareholders should be convened to vote on a proposed scheme of arrangement for the de-merger of Orora Limited.
2 Whether the treatment of ineligible overseas shareholders and employees under incentive and retention plans creates separate classes.
3 Whether the capital reduction will materially prejudice Amcor's ability to pay creditors.

Ratio Decidendi

Court Disposition

Orders made as sought for convening shareholders' meeting and related procedural matters.

Orders

Plaintiff to convene a meeting of holders of ordinary shares in Amcor for the proposed scheme of arrangement.
Scheme meeting to be held on 9 December 2013 at specified venue.