Re Ozgrowth Ltd

Case

[2022] WASC 107


Details
AGLC Case Decision Date
Re Ozgrowth Ltd [2022] WASC 107 [2022] WASC 107

CaseChat Overview and Summary

This case involved two applications under s 411 of the Corporations Act 2001 (Cth) for leave to convene a meeting of shareholders of Ozgrowth Limited and Westoz Investment Company Limited. The applicants sought to convene the meetings to consider a proposed scheme of arrangement for the acquisition of all the issued shares of each company by WAM Capital Limited. Hill J considered whether the requirements to order a scheme meeting were satisfied and if the proposed scheme was fair and reasonable. Hill J found that all the requirements had been satisfied and that the proposed scheme was fair and reasonable and should be approved by the court. Hill J ordered that a meeting of the shareholders of Ozgrowth and Westoz be convened to consider and vote on the proposed scheme.
Details

Areas of Law

  • Corporate Law & Governance

Legal Concepts

  • Scheme of Arrangement

  • Bona Fide

  • Proper Disclosure

  • Independent Expert Report

  • Unconscionable Conduct

  • Fiduciary Duty

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Cases Citing This Decision

8

Re Edge Minerals Ltd [2022] WASC 395
Re Vimy Resources Ltd [2022] WASC 233
Cases Cited

30

Statutory Material Cited

0

Re CSR Ltd [2010] FCAFC 34
Re SRG Ltd [2018] FCA 1092