Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hibernian Friendly Society (NSW) Limited [2002] FCA 1139
CORPORATIONS – scheme of arrangement by way of demutualisation of long established friendly society – approved by members by substantial majority – formalities required to be implemented – matters for which the Court is required to be satisfied in the circumstances.
Corporations Act 2001 (Cth) subs 411(4), (5), (6), (11) and (17)
Re Montana Frocks Pty Ltd [1967] 2 NSWR 584 cited Re Advance Bank Australia Ltd (1996-1997) 22 ACSR 513 cited Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485 cited Central Pacific Minerals NL [2002] FCA 239 applied Re Challenge Bank Ltd (1995) 19 ACSR 421 cited HIBERNIAN FRIENDLY SOCIETY (NSW) LIMITED N 3034 of 2002 CONTI J 11 SEPTEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3034 OF 2002
IN THE MATTER OF HIBERNIAN FRIENDLY SOCIETY (NSW) LIMITED
ACN 087 648 691
HIBERNIAN FRIENDLY SOCIETY (NSW) LIMITED
ACN 087 648 691
APPLICANT
JUDGE: CONTI J
DATE OF ORDER: 11 SEPTEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The scheme of arrangement between the applicant and its members ("Hibernian Scheme"), a copy of which is attached to the Short Minutes of Order placed on the Court file, be approved 2. The applicant be exempted from compliance with section 411(11) of the Corporations Act 2001 (Cth) in relation to the Hibernian Scheme. 3. A copy of these Orders be lodged with the Australian Securities and Investments Commission within 7 days of being entered. 4. These Orders be entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3034 OF 2002
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