Excel Coal Limited, In the matter of Excel Coal Limited [2006] FCA 1240

The scheme is straightforward and in the best interests of shareholders. Orders were made for Excel to convene a meeting pursuant to s 411(1) of the Corporations Act so shareholders can consider the scheme.

Jurisdiction: Australia
Judgment Date: 15 September 2006
Procedural Posture: Scheme of Arrangement Application / First Court Hearing (order to Convene Scheme Meeting)
Outcome: Order to convene a meeting of shareholders to consider the scheme of arrangement; associated procedural orders made.
Legal Topics: ['scheme of Arrangement' 'acquisition of Shares' 'members Meeting']

['corporations Law'] ['scheme of Arrangement' 'acquisition of Shares' 'members Meeting']

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Procedural Posture

Scheme of Arrangement Application / First Court Hearing (order to Convene Scheme Meeting)

Legal Issues

1 ['Whether the court should order convening a meeting of shareholders to consider the scheme of arrangement under s 411(1) of the Corporations Act 2001.']

Ratio Decidendi

Court Disposition

Order to convene a meeting of shareholders to consider the scheme of arrangement; associated procedural orders made.

Orders

['Excel Coal Limited to convene a meeting of shareholders to consider and, if thought fit, agree to the scheme; meeting to be held 4 October 2006' 'Chairperson for meeting to be Roger Brian Massy-Greene or, in absence, John Craig Conde' 'Voting at Scheme Meeting to be by poll' 'Scheme Booklet approved for...