Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gold Mines of Sardinia Limited [2002] FCA 1648 CORPORATIONS – arrangements – arrangements with members – order for approval of arrangement Corporations Act 2001 (Cth) ss 411(1), 411(2), 411(4), 411(11), 411(12) Re ACM Gold Ltd (1992) 34 FCR 530 cited Re Alabama, New Orleans, Texas and Pacific Junction Railway Co [1891] 1 Ch 213 cited Re NRMA Insurance Ltd (2000) 33 ACSR 595 cited Re Sonodyne International Ltd (1995) 13 ACLC 221 cited IN THE MATTER OF GOLD MINES OF SARDINIA LIMITED (ACN 009 234 851) W3015 OF 2002 LEE J 12 NOVEMBER 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W3015 OF 2002
IN THE MATTER OF GOLD MINES OF SARDINIA LIMITED (ACN 009 234 851)
APPLICANT
JUDGE: LEE J
DATE OF ORDER: 12 NOVEMBER 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The scheme of arrangement ("the arrangement") between the applicant and its members being Appendix 4 to the explanatory statement booklet which was tabled at the meeting of shareholders convened and held on 28 October 2002 pursuant to the Order of this Court dated 6 September 2002 and which was agreed to by a resolution of the members of the company in compliance with subs 411(4) of the Corporations Act 2001 (Cth), be approved. 2. An office copy of this Order may be lodged with the Australian Securities and Investments Commission upon or contemporaneously with the allotment by Gold Mines of Sardinia PLC of shares to the former shareholders of the applicant in accordance with par 3.1(b) of the arrangement. 3. If the applicant for any reason has not made the lodgement referred to in these Orders within 14 days of the date of these Orders then the applicant to have liberty to apply for further directions and further orders from the Court. 4. In the accordance with subs 411(12) of the Corporations Act 2001 (Cth), the applicant is exempt from compliance with subs 411(11) of the Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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