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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AEI Insurance Group Pty Ltd v Martin (No 4) [2024] FCA 1110
EMPLOYMENT – alleged breaches of employment contract by respondent – alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations under Corporations Act 2001 (Cth) ss 182 and 183 – where respondent resigned his employment – where 45 clients moved from the applicant to the respondent’s new employer – whether the respondent breached…
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Daly v Australian Securities and Investments Commission [2024] FCAFC 125
CORPORATIONS – civil penalty proceedings – liability phase – duties of officers of responsible entity of a registered managed investment scheme – whether appellant an officer of the responsible entity – where primary judge held that the contraventions were established – appeal dismissed PRACTICE AND PROCEDURE – application to amend notice of appeal – where…
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Keybridge Capital Limited v WAM Active Limited [2023] FCA 339
CORPORATIONS – meeting – calling of general meeting by member – whether company had power to change venue of a physical meeting called by a member to an online meeting – whether the power to change the venue of the meeting was validly exercised – whether company’s directors acted for a proper purpose – Corporations…
