GetSwift Limited, in the matter of GetSwift Limited [2020] FCA 1382

Orders permitting a virtual scheme meeting are appropriate in light of statutory powers, public health restrictions, legislative modifications, and fairness to members regarding proxy authority.

Parties: Plaintiff: GetSwift Limited
Jurisdiction: Australia
Judgment Date: 24 September 2020
Procedural Posture: Corporate Scheme Application / Interlocutory Hearing for Orders Re Scheme Meeting
Outcome: Orders granted for conduct of virtual scheme meeting as sought by plaintiff.
Legal Topics: Scheme of Arrangement, Virtual Meetings, COVID 19 Restrictions, Member Voting Procedures

Corporations Scheme of Arrangement Virtual Meetings COVID 19 Restrictions Member Voting Procedures

Case Brief

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Parties

GetSwift Limited

Plaintiff

Procedural Posture

Corporate Scheme Application / Interlocutory Hearing for Orders Re Scheme Meeting

Legal Issues

1 Whether orders should be made to allow a scheme meeting to be held virtually due to COVID-19 restrictions
2 Whether the voting procedures and proxy arrangements at a virtual meeting are consistent with statutory and constitutional requirements

Ratio Decidendi

Orders permitting a virtual scheme meeting are appropriate in light of statutory powers, public health restrictions, legislative modifications, and fairness to members regarding proxy authority.

Court Disposition

Orders granted for conduct of virtual scheme meeting as sought by plaintiff.

Orders

Originating process listed for hearing at 2.15 pm on 8 October 2020 (AEDT).
If orders are made at First Court Hearing, scheme meeting of GetSwift shareholders to be conducted as virtual meeting by live webcast with audio and audio-visual technology.