Re Japara Healthcare Limited

Japara Healthcare Limited is the subject of an application by its members to convene a meeting to consider a proposed scheme of arrangement. Little Company of Mary Health Care Limited sought leave to be heard in the proceeding without becoming a party to it. The primary legal issue before the court was whether to grant Japara's application for leave for Little Company of Mary Health Care Limited to be heard in the proceeding without becoming a party to it and to order Japara to convene a meeting of its members to consider the proposed scheme of arrangement. The court found that there were no substantial grounds to suggest that Little Company of Mary Health Care Limited had a significant interest in the proceeding. Additionally, the court considered the proposed scheme of arrangement to be fair and reasonable, and in the best interests of Japara and its members. The court ordered Japara to convene and hold a meeting of its members to consider and vote on the proposed scheme of arrangement. The meeting was to be held virtually on 21 October 2021 and voting was to be conducted by way of a poll. The court also made orders in relation to the notice of the meeting, the chairperson of the meeting, and the further hearing of the originating process.