Dolby Australia v Catto [2004] NSWSC 1196

Dolby Australia v Catto [2004] NSWSC 1196

The appropriate date of valuation under section 667C(1) of the Corporations Act 2001 (Cth) is the date the compulsory acquisition notice is given under section 664C. Materials not sufficiently analysed and lacking demonstrated relevance to that date are inadmissible as evidence of fair value.

Jurisdiction
Australia
Judgment Date
07 December 2004
Procedural Posture
Corporations Compulsory Acquisition / Hearing on Admissibility of Affidavit Evidence
Outcome
Evidence rejected
Legal Topics
['compulsory Acquisition of Minority Shareholdings' 'valuation Date for Fair Value' 'admissibility of Evidence']
['corporations'] ['compulsory Acquisition of Minority Shareholdings' 'valuation Date for Fair Value' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Corporations Compulsory Acquisition / Hearing on Admissibility of Affidavit Evidence

Legal Issues

  1. 1 ['What is the correct date for valuation under section 667C of the Corporations Act 2001?' 'Are events after the notice relevant to the valuation?' 'Is the affidavit evidence tendered by the defendant admissible?']

Ratio Decidendi

The appropriate date of valuation under section 667C(1) of the Corporations Act 2001 (Cth) is the date the compulsory acquisition notice is given under section 664C. Materials not sufficiently analysed and lacking demonstrated relevance to that date are inadmissible as evidence of fair value.

Court Disposition

Evidence rejected

Orders

  • []