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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Transport Workers’ Union of Australia v Qantas Airways Limited (Order to Recall Witnesses) [2024] FCA 572
PRACTICE AND PROCEDURE – where contravention of a civil remedy provision previously found – where applicant seeks statutory compensation under s 545(1) of the Fair Work Act 2009 (Cth) – where new “logical counterfactual” argument raised by the respondent in closing submissions – overarching purpose of civil practice and procedure provisions considered – where in…
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Gaha v Gaha [2024] FCA 531
CORPORATIONS – application by litigation representative for approval of deed of compromise – whether litigation representative is an ‘independent’ lawyer for purposes of r 9.71(2)(c) Federal Court Rules 2011 (Cth) – whether compromise in best interest of applicant – confidentiality orders
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Crowley v Worley Limited (Costs) [2024] FCA 211
COSTS – whether costs should be apportioned – where applicant succeeded on several questions but failed to obtain compensation – where any victory was Pyrrhic – costs not apportioned COSTS – whether order should extend to costs of initial trial before remitter – where evidence from initial trial deployed on remitter – where initial trial…
