Fowler v Lindholm; Opes Prime Stockbroking Ltd

JurisdictionAustralia Federal only
CourtFull Federal Court (Australia)
Judgment Date2009
Neutral Citation[2009] FCAFC 125
Date2009
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60 cases
  • Re SPhinX Group
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 5 May 2010
    ...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
    • Australia
    • Federal Court
    • Invalid date
  • Rusina Mining Nl Re Rusina Mining
    • Australia
    • Full Federal Court (Australia)
    • Invalid date
  • Gategroup Guarantee Ltd
    • United Kingdom
    • Chancery Division
    • 17 February 2021
    ...had to be between the company and its creditors. At [62], he said that T&N (No4) (and an Australian case, Re Opes Prime Stockbroking Ltd [2009] FCAFC 125, which reached a similar conclusion) indicated that the rights which could be released or re-organised under a scheme were not limited to......
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4 firm's commentaries
  • Can a DOCA Extinguish a Creditor's Claim Against a Third Party?
    • Australia
    • Mondaq Australia
    • 13 April 2010
    ...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 ......
  • Restructuring & Insolvency Comparative Guide
    • Australia
    • Mondaq Australia
    • 21 May 2020
    ...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......
  • Can A Scheme Of Arrangement Extinguish A Creditor's Claim Against A Third Party?
    • Australia
    • Mondaq Australia
    • 21 May 2010
    ...the result that was achieved in the earlier Federal Court decision of Fowler v Lindholm, in the mater 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 ......
  • Third Party Claims And Deeds Of Company Arrangement
    • Australia
    • Mondaq Australia
    • 15 October 2009
    ...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 Lynch in relation to various financi......

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