In the Matter of Readymix PLX and In the Matter of the Companies Acts 1963 - 2009 [2012] IEHC 170 (16 May 2012)

In the Matter of Readymix PLX and In the Matter of the Companies Acts 1963 - 2009 [2012] IEHC 170 (16 May 2012)

The scheme of arrangement meets all statutory and procedural requirements, provides adequate disclosure, and is reasonable for shareholders; objections are unsubstantiated and do not warrant refusal or modification of the scheme.

Citation
[2012] IEHC 170
Parties
Applicant: Readymix Plc; Objector: Tom Goode; Objector: Seamus Maye
Jurisdiction
Ireland
Judgment Date
16 May 2012
Procedural Posture
Scheme of Arrangement Sanction Application / Final Judgment
Outcome
scheme sanctioned
Legal Topics
Scheme of Arrangement, Share Capital Reduction, Minority Shareholder Protection, Proxy Voting, Takeover Compliance

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Parties

Readymix Plc

Applicant

Tom Goode

Objector

Seamus Maye

Objector

Procedural Posture

Scheme of Arrangement Sanction Application / Final Judgment

  1. 1 Whether the scheme of arrangement complies with statutory and court requirements
  2. 2 Whether sufficient information was provided to shareholders regarding payments to Cemex
  3. 3 Whether allegations of anticompetitive behaviour and below cost selling affect scheme approval

Ratio Decidendi

The scheme of arrangement meets all statutory and procedural requirements, provides adequate disclosure, and is reasonable for shareholders; objections are unsubstantiated and do not warrant refusal or modification of the scheme.

Court Disposition

scheme sanctioned

Orders

  • Scheme of arrangement approved as proposed
  • Reduction of share capital confirmed