In the matter of ResApp Health Ltd

ResApp Health Ltd was the applicant in proceedings before the Federal Court of Australia, seeking to amend a scheme of arrangement that had been previously approved. The company aimed to alter the terms of the scheme to address concerns raised by certain shareholders. The nature of the dispute centred around the procedural fairness of the initial approval process and the necessity of providing additional information to shareholders.

The court was required to decide whether the company had discharged the onus of establishing that the prior approval of the scheme was invalid or should be set aside. Additionally, the court had to determine whether the company had demonstrated that the supplementary explanatory booklet, which was to be dispatched to shareholders, was necessary and sufficient to inform them of the changes and their implications.

The court found that the company had adequately discharged its onus. It held that the initial approval of the scheme was flawed due to procedural deficiencies, warranting the amendment. The court also determined that the supplementary explanatory booklet was appropriate and necessary to ensure that shareholders were fully informed of the changes and their consequences. Consequently, the court granted the company's application to amend the scheme and ordered the dispatch of the supplementary explanatory booklet to all relevant shareholders.