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Respondent applied for declarations that Part 6A 2 of the Corporations Law was constitutionally invalid on the basis it did not provide for acquisition of shares 'on just terms'; application unsuccessful and Part 6A 2 of the Corporations Law declared valid in so far as it pertained to the application: Douglas J
Primary Judgment
[2001] QSC 67 (2001) 19 ACLC 959
13 Mar 2001
Applicant applied under s 664 of the Corporations Law Act 1989 for approval to acquire 24,263 non-redeemable preference shares at a price of $2.57; whether compulsory acquisition notice offered fair value for remaining securities; declared that $2.57 per share represented fair value: Douglas J
Primary Judgment
[2001] QSC 103
11 Apr 2001
On the question of costs, applicant ordered to pay portion of Ms Elkington's costs and otherwise ordered that there be no order as to costs: Douglas J
Respondents appealed against [2001] QSC 67; whether $2.57 per share constituted "fair value" within meaning of s 667C(1) of the Corporations Act; whether Chapter 6A of Corporations Act contrary to acquisition on just terms and therefore constitutionally invalid; appeals dismissed: Davies and Jerrard JJA and Jones J
Special Leave Refused (HCA)
[2004] HCATrans 230
23 Jun 2004
Respondents applied for special leave to appeal against [2002] QCA 545; whether sufficient prospects of success; applications dismissed: Gleeson CJ and Callinan J
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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