Seven Network Limited (ACN 052 816 789), in the matter of Seven Network Limited (No 2) [2010] FCA 355

Seven Network Limited (ACN 052 816 789), in the matter of Seven Network Limited (No 2) [2010] FCA 355

The Court determined that, given extensive market coverage and the submissions, it would note the new information disclosed and allow any shareholder to raise adequacy of notice at the second scheme hearing, rather than immediately postponing the meeting.

Jurisdiction
Australia
Judgment Date
12 April 2010
Procedural Posture
Corporations – Schemes of Arrangement / Interlocutory Hearing Regarding Disclosure and Meeting Timetable
Outcome
Court noted the disclosure and reserved questions on adequacy of notice for the scheme approval hearing.
Legal Topics
['schemes of Arrangement' 'timeliness of Disclosure of Material New Information']

Case Brief

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Procedural Posture

Corporations – Schemes of Arrangement / Interlocutory Hearing Regarding Disclosure and Meeting Timetable

  1. 1 ['Whether disclosure to shareholders of material new information regarding scheme consideration was sufficiently timely' 'Whether the period of notice before shareholders meeting is adequate']

Ratio Decidendi

The Court determined that, given extensive market coverage and the submissions, it would note the new information disclosed and allow any shareholder to raise adequacy of notice at the second scheme hearing, rather than immediately postponing the meeting.

Court Disposition

Court noted the disclosure and reserved questions on adequacy of notice for the scheme approval hearing.

Orders

  • ['Court notes disclosure and leaves adequacy of period or content open to be addressed at the second Court hearing.']