Rebel Sport Limited, in the matter of Rebel Sport Limited [2007] FCA 96

Rebel Sport Limited, in the matter of Rebel Sport Limited [2007] FCA 96

It is appropriate to order the convening of a meeting of Scheme Shareholders to consider the proposed scheme of arrangement, as all statutory requirements have been satisfied and Scheme Shareholders should have the opportunity to decide.

Jurisdiction
Australia
Judgment Date
06 February 2007
Procedural Posture
Corporations Act Scheme of Arrangement Application / First Court Hearing on Convening Shareholders' Meeting
Outcome
Order made for convening shareholders' meeting to consider scheme of arrangement; further procedural orders given.
Legal Topics
['scheme of Arrangement' 'acquisition of Shares' 'shareholder Meeting' 'explanatory Statement']
['corporations Law'] ['scheme of Arrangement' 'acquisition of Shares' 'shareholder Meeting' 'explanatory Statement']

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Procedural Posture

Corporations Act Scheme of Arrangement Application / First Court Hearing on Convening Shareholders' Meeting

Legal Issues

  1. 1 ['Whether the plaintiff should be permitted to convene a meeting of shareholders (excluding Foghorn and its associates) to consider and potentially approve a scheme of arrangement as required under s 411(1) of the Corporations Act 2001 (Cth).']

Ratio Decidendi

It is appropriate to order the convening of a meeting of Scheme Shareholders to consider the proposed scheme of arrangement, as all statutory requirements have been satisfied and Scheme Shareholders should have the opportunity to decide.

Court Disposition

Order made for convening shareholders' meeting to consider scheme of arrangement; further procedural orders given.

Orders

  • ['Plaintiff to convene meeting of holders of ordinary shares (other than Excluded Shareholders) to consider scheme of arrangement as per Section 9 of Scheme Booklet.' 'Scheme Meeting to be held at 10.00am on 15 March 2007 at the Menzies Hotel, Sydney.' 'Chairman of the meeting appointed with power to adjourn.' 'Each...