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 remediate such irregularities pursuant to s 1322 of the Act – where the applicant lodged a compulsory acquisition notice with the Australian Securities & Investments Commission on 21 March 2024 – where the notice relies upon the opinion expressed in an expert’s report dated 26 February 2024 – whether expert’s report inconsistent with the Act or otherwise deficient – whether applicant has established that the terms set out in the compulsory acquisition notice give a “fair value” for the relevant securities – application granted – costs reserved
Recent cases about acquisitions
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PSC AMGI WSC Pty Ltd v J&P Capital Insurance Pty Ltd [2025] FCA 1057
CONTRACTS – deed of settlement – competing applications for orders to give effect to terms of deed – where deed provided for one party to transfer certain assets no later than 7 days after the date of deed and the other party to pay the settlement sum of $80,000 no later than 7 days after transfer of…
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Liberty Primary Metals Australia Pty Ltd v Greensill Capital (UK) Limited [2025] FCA 1065
CORPORATIONS – urgent application for orders to compel removal of financing statements/registrations from Personal Property Securities Register under s 182(4) of the Personal Property Securities Act 2009 (Cth) – where plaintiff granted security interests for defined purpose – where contemporaneous evidence shows security interests to now be obsolete – where continuing registration of security interests…
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Australian Securities and Investments Commission v Open4Sale Global Ltd (No 2) [2025] FCA 1038
CORPORATIONS – failure by unlisted public company and two of its directors to comply with disclosure obligations when offering securities contrary to s 727(6) of the Corporations Act 2001 (Cth) (Corporations Act) – defendants each committing 101 contraventions – failure to lodge disclosure document with Australian Securities Investments Commission in relation to the offers – distribution…
