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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Fourteen Consulting Services Pty Ltd (in liquidation) v A.O.B Holding Pty Ltd (in liquidation) (No 2) [2023] FCA 1684
CORPORATIONS – application for winding up orders, orders permitting liquidator to enter into various agreements, pooling orders and various ancillary orders – orders made
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Austin Engineering Ltd v Podulova (No 2) [2023] FCA 1627
COSTS – costs orders – where no hearing on the merits – where interlocutory application resolved by agreement
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Stanford v DePuy International Pty Ltd (No 8) [2024] FCA 35
PRACTICE AND PROCEDURE – representative proceeding – group member settlement scheme previously approved by Court – interlocutory application by administrator of settlement scheme – application seeking approval of payment of administrative costs – certain costs disputed by respondents – where administration costs time costed – whether costs relate to work properly undertaken – whether costs…
