CORPORATIONS — merger of assets between Australian company and US company — Australian and US funds management boutiques — creation of unit trust — whether proper due diligence carried out by directors of Australian company — nature of interest in the WHV dividend and appreciation rights agreement — whether proper due diligence carried out concerning the WHV agreement — breaches of s 180(1) of the Corporations Act 2001 (Cth) — further proceedings against the CEO — whether the CEO should be excused from liability — whether any case on causation or loss and damage made out — “no transaction” case of the applicant — whether proceeding should be dismissed as against the CEO — cross-claim for contribution against non-executive director — whether should be dismissed — orders made
Recent cases on mergers and acquisitions
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QGold Pty Ltd v Woods [2025] FCA 1201
CORPORATIONS – application for compulsory acquisition of residual ordinary shares of Carawine Resources Limited – where the applicant is the “90% holder” of the relevant class of securities – where the applicant’s compliance with Division 1 of Part 6A.2 of the Corporations Act 2001 (Cth) (the Act) is irregular in part – whether appropriate to…
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Pacific Current Group Limited v Fitzpatrick (No 2) [2025] FCA 1152
CORPORATIONS — merger of assets between Australian company and US company — Australian and US funds management boutiques — creation of unit trust — whether proper due diligence carried out by directors of Australian company — nature of interest in the WHV dividend and appreciation rights agreement — whether proper due diligence carried out concerning…
