World Titanium Resources Ltd, in the matter of World Titanium Resources Ltd [2011] FCA 1480

World Titanium Resources Ltd, in the matter of World Titanium Resources Ltd [2011] FCA 1480

The scheme of arrangement is approved as all statutory conditions under s 411 have been met, including proper notice, member approval, ASIC's opportunity to review, and the scheme being fair, reasonable, and proposed for a proper purpose.

Parties
Plaintiff: World Titanium Resources Ltd
Jurisdiction
Australia
Judgment Date
15 December 2011
Procedural Posture
Scheme of Arrangement Application / Final Approval Hearing
Outcome
Scheme of arrangement approved
Legal Topics
Schemes of Arrangement, Approval of Scheme, Role of ASIC, Requirements Under S 411 Corporations Act, Proper Purpose, Good Faith

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

World Titanium Resources Ltd

Plaintiff

Procedural Posture

Scheme of Arrangement Application / Final Approval Hearing

  1. 1 Whether all the requirements of s 411 Corporations Act 2001 (Cth) have been satisfied
  2. 2 Whether the scheme was proposed in good faith and for a proper purpose
  3. 3 Whether scheme is fair and reasonable for members

Ratio Decidendi

The scheme of arrangement is approved as all statutory conditions under s 411 have been met, including proper notice, member approval, ASIC's opportunity to review, and the scheme being fair, reasonable, and proposed for a proper purpose.

Court Disposition

Scheme of arrangement approved

Orders

  • Scheme of arrangement between the plaintiff and its members is approved pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth)
  • The plaintiff is exempted from compliance with s 411(11) pursuant to s 411(12)