The Supreme Court of Western Australia approved two inter-conditional schemes of arrangement between African Gold Ltd and Montage Gold Corp under s 411(4)(b) of the Corporations Act 2001 (Cth). The Court held that a low voter turnout by number of shareholders (6.00% of shareholders by number, though 43.73% by shares) does not prevent approval where the turnout materially exceeded the company's previous AGM participation and there was no evidence of dispatch error or compromised voting integrity. The Court also noted that an administrative failure to conduct outbound telephone calls to securityholders did not compromise the integrity of the voting process on the evidence, and recorded findings regarding fairness for the purpose of the Canadian National Instrument 45-106 s 2.11 exemption.
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