CORPORATIONS – scheme of arrangement – order sought under s 411(1) of the Corporations Act 2001 (Cth) – duty and responsibility of scheme proponent – orders made for convening of shareholders’ meeting – role of the Australian Securities and Investments Commission – exercise of discretion – performance risk – exclusivity provisions – breach fees – non-scheme considerations – loan facility agreement with bidder – disclosure of director interests and voting intentions – director recommendations
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1021
For more information, see the original judgement.