In the matter of Pasminco Limited (Subject to Deed of Company Arrangement) [2003] FCA 265

FEDERAL COURT OF AUSTRALIA

In the matter of Pasminco Limited (Subject to Deed of Company Arrangement) [2003] FCA 265 CORPORATIONS LAW – application for orders under s 447A of the Corporations Act 2001 (Cth) – appointment of union representatives as attorneys of employees at creditors' meeting of employing company.

Corporations Act 2001 (Cth): Pt 5.3A, s 447A Corporations Regulations 2001 (Cth): reg 5.6.31A IN THE MATTER OF PASMINCO LIMITED (ACN 004 368 674) & ORS (Subject to Deed of Company Arrangement) DAVID COLLEY & ORS (according to attached Schedule) v PASMINCO LIMITED (ACN 004 368 674) (Subject to Deed of Company Arrangement) & ORS (according to attached Schedule) V 3060 of 2003 GOLDBERG J 26 MARCH 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3060 of 2003

IN THE MATTER OF PASMINCO LIMITED (ACN 004 368 674) & ORS (Subject to Deed of Company Arrangement)

BETWEEN: DAVID COLLEY & ORS

(according to attached Schedule)

Applicants

AND: PASMINCO LIMITED

(ACN 004 368 674)

(Subject to Deed of Company Arrangement)

& ORS (see attached Schedule)

Respondents

JUDGE: GOLDBERG J

DATE OF ORDER: 26 MARCH 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Pursuant to s 447A of the Corporations Act 2001 (Cth) ("the Act"), Pt 5.3A of the Act is to operate in relation to each of the first to twenty‑second respondents (other than the fourteenth respondent) as if it provided that at the meeting of creditors held on 28 March 2003 pursuant to s 445F of the Act or otherwise under the deeds of company arrangement as applying to each such respondent (or any adjournment thereof) ("the meetings") each employee of each such respondent who is a member of either of the following unions: (a) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; and (b) Australian Workers' Union, had duly appointed the person whose name appears in column 2 of Appendix 1 to this order applicable to the union specified in column 1 of which the employee is a member, to be his or her attorney pursuant to reg 5.6.31A of the Corporations Regulations 2001 (Cth) for the purpose of such meetings save for: (a) any employee who attends the meeting in person; or (b) any employee who signs a proxy or a power of attorney appointing some other person to attend the meeting on his or her behalf. 2. All parties' costs of and incidental to the application be paid by the deed administrators of the respondents (other than the fourteenth respondent) but be treated as, and accorded the priority of, costs in the administration of the said deeds of company arrangement to which such respondents are subject, such costs to be taxed in default of agreement.