Home Find Pty Ltd v Homefind Australia Pty Ltd [1995] FCA 1160

Home Find Pty Ltd v Homefind Australia Pty Ltd [1995] FCA 1160

The Court was satisfied that s411(2) matters did not inhibit the making of orders, that the Australian Securities Commission had reasonable opportunity to examine and make submissions on the proposed schemes and meetings, that relevant time limits had been complied with, and that the schemes were in a form...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 May 1995
Procedural Posture
Application Pursuant to S411(1) Corporations Law to Convene Meetings for Schemes of Arrangement / Application to Convene Meetings
Outcome
Orders made in terms of the applicant's minute as amended.
Legal Topics
['compromises and Arrangements' 'schemes of Arrangement' 'application to Convene Meetings of Shareholders and Noteholders' 'corporations Law S411']
['corporations'] ['compromises and Arrangements' 'schemes of Arrangement' 'application to Convene Meetings of Shareholders and Noteholders' 'corporations Law S411']

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Procedural Posture

Application Pursuant to S411(1) Corporations Law to Convene Meetings for Schemes of Arrangement / Application to Convene Meetings

Legal Issues

  1. 1 ['Whether meetings should be convened for shareholders, convertible note-holders and option-holders to consider and approve proposed schemes of arrangement.' 'Whether matters arising under s411(2) of the Corporations Law inhibited the Court from making the orders sought.']

Ratio Decidendi

The Court was satisfied that s411(2) matters did not inhibit the making of orders, that the Australian Securities Commission had reasonable opportunity to examine and make submissions on the proposed schemes and meetings, that relevant time limits had been complied with, and that the schemes were in a form appropriate to go forward to the relevant meetings; accordingly, orders were made to convene the meetings.

Court Disposition

Orders made in terms of the applicant's minute as amended.

Orders

  • ['Orders in terms of the minute of the applicant as amended in handwriting in paragraph 4 and paragraph 14 and with the addition of paragraph 15.']