Fowler v Lindholm; Opes Prime Stockbroking Ltd
| Jurisdiction | Australia Federal only |
| Judgment Date | 2009 |
| Neutral Citation | [2009] FCAFC 125 |
| Date | 2009 |
| Year | 2009 |
| Court | Full Federal Court (Australia) |
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84 cases
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Re SPhinX Group
...Holdings Inc. v. City of SwanUNK(2010), 240 CLR 509; 265 ALR 1; [2010] HCA 11, considered. (2) Fowler v. LindholmUNK(2009), 178 FCR 563; 259 ALR 298; [2009] FCAFC 125, applied. (3) Glendale Land Dev. Ltd., ReUNK(1982), 7 ACLR 171; [1982] 2 NSWLR 563, dicta of McLelland J. applied. (4) Guard......
- Rusina Mining Nl Re Rusina Mining
- Rusina Mining Nl Re Rusina Mining
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AIRASIA X BERHADS. Suhendran vs Kwan Will SenBOC AVIATION LIMITED
...and must deal with an arrangement between the company and its creditors inter se as debtor and creditor. [86] In Fowler v. Lindholm (2009) 178 FCR 563 at 578, the Federal Court of Australia held „No narrow interpretation should be given to the expressions „compromise‟ or „arrangement‟ … the......
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7 firm's commentaries
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Loan to own strategies as viable restructuring tools
...parties. Conversely, in the Opes decision (also upheld on appeal in Fowler v Lindholm, in the matter of Opes Prime Stockbroking Limited (2009) 178 FCR 563), it was held that a scheme of arrangement can extinguish creditors' claims against third parties. In reaching this conclusion, the cour......
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Third Party Claims And Deeds Of Company Arrangement
...instance and then on appeal to the Full Court) in Re Opes Prime Stockbroking Ltd (Receivers and Managers Appointed) (In Liquidation) (2009) 258 ALR 362; Fowler v Lindholm [2009] FCAFC 125 (Opes Prime). In the matter, investors in the Opes Prime Group brought claims against ANZ and Merrill L......
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Restructuring & Insolvency Comparative Guide
...against third parties cannot be included in a scheme, provided that there is an element of give and take involved (Fowler v Lindholm (2009) 178 FCR 563). The difference between these two situations is that, unlike Section 444D(1), Section 411(4) - which makes certain compromises or arrangem......
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Can a DOCA Extinguish a Creditor's Claim Against a Third Party?
...Opes Prime Stockbroking Limited [2009] FCA 813 (upheld on appeal in Fowler v Lindholm, in the matter of Opes Prime Stockbroking Limited [2009] FCAFC 125) (Opes Prime The Opes Prime Decision held that a Scheme of Arrangement can extinguish creditors' claims against third parties if there is ......
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