Stratford Sun Limited v OM Holdings Limited; In the Matter of OM Holdings Limited (No 5) [2011] FCA 1275 (10 November 2011)

CORPORATIONS – whether a public listed corporation listed on the ASX contravened ASX Listing Rules 7.3.4, 7.3.6 and 7.3.8 and engaged in misleading and deceptive conduct in contravention of s 1041H(1) of the Corporations Act 2001 (Cth) by circulating to its shareholders a Notice of Meeting and accompanying Explanatory Statement which failed to provide sufficient or adequate information to those shareholders in order to enable them to make a sensible and rational judgment about a resolution to be proposed at the upcoming Annual General Meeting for the issue of 345 million new fully paid ordinary shares in the corporation

Evidence Act 1995 (Cth), s 76(1), s 79(1)