› where capital raising by Accelerated Renounceable Entitlement Offer (AREO) underwritten by three underwriters/joint lead managers
› where contract between underwriters and publicly listed company
› whether underwriters or publicly listed company owed obligations to particular shareholders and/or investors in AREO process.
Negligence
› where novel claim for imposition of duty of care
› identification of particular class
› salient features to be considered
› whether duty of care to be imposed
› if duty of care imposed success of claims dependent upon whether evidence leads to a conclusion that plaintiff would have acted in a particular manner.
Misleading or Deceptive Conduct
› where plaintiff claims that defendants failure to provide it with notice that it could make contact with the joint lead managers to ask to be included in an aspect of the AREO led it to believe that it was not qualified for inclusion
› where outcome dependent upon acceptance of plaintiff’s witness evidence as to what it would have done if given such notice.
Case Details
Citation[2016] NSWSC 1377
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
