Australian Securities Commission v EBC Zurich AG & Ors [1995] FCA 1010

CATCHWORDS CORPORATIONS - Shares - Australian Securities Commission - Secondary notices requiring information concerning interests in shares - Non-compliance by person served - Non-compliance with substantial shareholder provisions of Corporations Law - Nature of relief.

PRACTICE AND PROCEDURE - Service outside the jurisdiction - Substituted service. Corporations Law, ss 613(1), 709, 719, 722(1), 741, 742, 744. Federal Court Rules, O 1, r 4; O 7, r 9; O 8, rr 1-5. Re North Broken Hill Holdings Ltd (1986) 10 ACLR 270, var'd sub nom Crosley Ltd v North Broken Hill Holdings Ltd [1987] VR 119. Brunswick NL v Blossomtree Pty Ltd (1992) 7 WAR 226.

AUSTRALIAN SECURITIES COMMISSION v EBC ZURICH AG & ORS NG 3461 of 1995 Sackville J. Sydney 14 December, 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 3461 of 1995 GENERAL DIVISION ) BETWEEN: AUSTRALIAN SECURITIES COMMISSION Applicant AND: EBC ZURICH AG First Respondent NATIONAL NOMINEES LIMITED Second Respondent DOME RESOURCES NL Third Respondent ALLEGIANCE MINING NL Fourth Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 14 DECEMBER, 1995 MINUTES OF ORDER THE COURT:

1. ORDERS that, subject to paragraph 5 of these orders, EBC Zurich AG ("EBC") comply, within 7 days of the date of these orders, with the two Secondary Notices dated 18 August 1995, which relate to the parcel of 6,611,000 ordinary 20 cent fully paid shares in the issued capital of Dome Resources NL ("Dome") held by National Nominees Limited ("National") on behalf of EBC ("the Dome Parcel"). 2. ORDERS that, subject to paragraph 6 of these orders, EBC comply, within 7 days of the date of these orders, with the Secondary Notices dated 18 August 1995, which relate to the parcel of 2,680,000 ordinary 20 cent fully paid shares in the issued capital of Allegiance Mining NL ("Allegiance") held by National on behalf of EBC ("the Allegiance Parcel"). 3. ORDERS that, subject to paragraph 5 of these orders, EBC