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
-
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…
-
Australian Securities and Investments Commission v Falcon Capital Limited (No 2) [2025] FCA 1034
CORPORATIONS – application by ASIC for travel restraint orders and freezing orders under s 1323 of the Corporations Act 2001 (Cth) – where orders previously obtained on an ex parte basis – where orders subsequently extended by consent – where the defendant sought to have orders set aside on the basis of non-disclosure of material…
-
Australian Securities and Investments Commission v iSignthis Limited (Penalty) [2025] FCA 917
CORPORATIONS – disqualification orders and pecuniary penalties sought against director and company – where serious contraventions of ss 180, 674(2A) and 1309(1) and (12) of the Corporations Act 2009 (Cth) by director – where serious contravention of s 674(2) of the Act by company – where contraventions involved misleading market and market operator – where…
