CORPORATIONS – meaning of debenture in s 9 of the Corporations Act 2001 (Cth) – where respondent operated a digital currency exchange through which customers could buy and sell certain cryptocurrencies – where respondent also offered a Finder application (Finder App) on mobile device platforms through which its customers could, amongst other things, access the “Finder Earn” product – where by investing in the Finder Earn product customers could exchange funds in their account to obtain “TrueAUD” stablecoins ownership of which was transferred to the respondent enabling the customer to earn a “return” quantified in TrueAUD which upon expiry of the term was credited to the customer’s Finder Wallet account in AUD – where primary judge held the respondent’s “Finder Earn” product was not a debenture on the basis that there was no money “deposited with or lent to” the respondent or in the alternative that there was no undertaking by the company to repay as a debt that money
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Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCA 43
CONTRACT – where applicants are subsidiaries of company registered in Russian Federation – where first respondent (QAL) operates alumina refinery in Gladstone under agreements with applicants and second to sixth respondents (Rio parties) – where pursuant to those agreements the Rio parties supply bauxite to the first applicant (ABC) and ship the bauxite to Gladstone…
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Sev.en Gamma a.s. v IG Power (Callide) Pty Ltd (Administrators Appointed) [2024] FCA 30
CORPORATIONS – company in administration – whether leave to commence proceedings should be granted nunc pro tunc under s 440D(1)(b) of the Corporations Act 2001 (Cth) – where proceedings are not brought to assert an antecedent right against the company or the property – where proceedings are for specific relief that does not target or…
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AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2023] FCA 1675
CORPORATIONS – consequential orders – costs
