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
-
Forever Winner International Development Australia Pty Ltd v Shenzhen Xinhe Hongshi Investment and Consultancy Co Ltd [2026] FCA 167
CORPORATIONS — leave to appeal – freezing order made against a third party (FWIDA) being a related entity to the defendant below– where FWIDA appears to be indebted to the defendant and is in receipt of proceeds from the sale of its primary business asset in a sum capable of discharging the debt to the…
-
Australasian Centre for Corporate Responsibility v Santos Limited [2026] FCA 96
CORPORATIONS – “greenwashing” – where representations made by a publicly listed company are alleged to be misleading or deceptive or likely to mislead or deceive in contravention of provisions in the Corporations Act 2001 (Cth) and the Australian Consumer Law – whether representations made with respect to future matters – characteristics of the target audience – whether reasonable…
-
Australian Agrivision Pty Ltd v Wolstenholme (Trial) [2026] FCA 130
CONTRACTS – claim against two guarantors of an assigned loan debt – whether the guarantors are liable on the guarantees – whether the borrower was misled into concluding the loan agreement –where the contract gave the lender “absolute discretion” to form an opinion as to an “Adverse Event” – whether the lender had formed the…
