Sinclair Knight Merz Management Pty Limited, in the matter of Sinclair Knight Merz Management Pty Limited (No 2) [2013] FCA 1366

Sinclair Knight Merz Management Pty Limited, in the matter of Sinclair Knight Merz Management Pty Limited (No 2) [2013] FCA 1366

The requirements of section 411 of the Corporations Act 2001 (Cth) have been satisfied, the stipulated majorities have approved the schemes, procedural steps have been properly conducted, and no objections or circumstances warranting refusal were presented; the schemes are accordingly approved.

Jurisdiction
Australia
Judgment Date
10 December 2013
Procedural Posture
Corporations Scheme of Arrangement Application / Approval of Scheme of Arrangement; Final Orders
Outcome
Schemes of arrangement approved; ancillary orders made
Legal Topics
['scheme of Arrangement' 'approval Procedure']
['corporations'] ['scheme of Arrangement' 'approval Procedure']

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Procedural Posture

Corporations Scheme of Arrangement Application / Approval of Scheme of Arrangement; Final Orders

Legal Issues

  1. 1 ['Whether the scheme of arrangement between Sinclair Knight Merz Management Pty Limited and its voting shareholders should be approved' 'Whether the scheme of arrangement between Sinclair Knight Merz Holdings Limited and its equity shareholders should be approved' 'Whether section 411 procedural requirements have been satisfied' 'Whether exemption from section 411(11) is appropriate']

Ratio Decidendi

The requirements of section 411 of the Corporations Act 2001 (Cth) have been satisfied, the stipulated majorities have approved the schemes, procedural steps have been properly conducted, and no objections or circumstances warranting refusal were presented; the schemes are accordingly approved.

Court Disposition

Schemes of arrangement approved; ancillary orders made

Orders

  • ['The scheme of arrangement between Sinclair Knight Merz Management Pty Limited and its voting shareholders is approved (in the form of Exhibit 3).' 'The scheme of arrangement between Sinclair Knight Merz Holdings Limited and its equity shareholders is approved (in the form of Exhibit 4).' 'SKMM and SKMH are...