SWS Holdings & Anor, Re
The court is satisfied that the proposed creditor classes for both schemes are properly constituted, that there are no jurisdictional roadblocks, that adequate notice has been given, and that the explanatory statements are sufficient. Therefore, it is appropriate to convene meetings of creditors to consider and, if...
Source-derived case information.
- Parties
- Applicant: SWS Holdings Limited; Applicant: Greensands Financing plc (MidCo Scheme Company); Respondent: PP Noteholders; Creditor: Commonwealth Bank of Australia (CBA)
- Jurisdiction
- England and Wales
- Judgment Date
- 09 October 2025
- Procedural Posture
- Scheme of Arrangement (convening Order) / Convening Hearing for Creditor Meetings Under Part 26 Companies Act 2006
- Outcome
- Application granted
- Legal Topics
- Schemes of Arrangement, Class Constitution, Jurisdiction Under Companies Act 2006, Creditor Meetings, Debt Restructuring
Source-derived case record
Summary, issues, holding and outcome
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Parties
SWS Holdings Limited
Applicant
Greensands Financing plc (MidCo Scheme Company)
Applicant
PP Noteholders
Respondent
Commonwealth Bank of Australia (CBA)
Creditor
Procedural Posture
Scheme of Arrangement (convening Order) / Convening Hearing for Creditor Meetings Under Part 26 Companies Act 2006
Legal Issues
- 1 Whether to convene meetings of creditors for proposed schemes of arrangement under Part 26 Companies Act 2006 for SWS Holdings Limited and Greensands Financing plc; Whether the proposed creditor classes are properly constituted; Whether there are jurisdictional roadblocks to the schemes; Whether adequate notice has been given to creditors; Whether the explanatory statements are sufficient
Ratio Decidendi
The court is satisfied that the proposed creditor classes for both schemes are properly constituted, that there are no jurisdictional roadblocks, that adequate notice has been given, and that the explanatory statements are sufficient. Therefore, it is appropriate to convene meetings of creditors to consider and, if thought fit, approve the schemes of arrangement.
Court Disposition
Application granted
Orders
- Meetings of creditors to consider the SWS Scheme and the MidCo Scheme are to be convened as proposed.
- Directions made regarding notice, evidence, and case management for any objections, particularly from CBA.
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