Application by Normandy NFM Limited (Trading as Newmont NFM) [2003] FCA 335

FEDERAL COURT OF AUSTRALIA Application by Normandy NFM Limited (Trading as Newmont NFM) [2003] FCA 335

CORPORATIONS LAW – scheme of arrangement – criteria for Court's approval of scheme of arrangement – whether scheme of arrangement fair and reasonable – no question of principle Corporations Act 2001 (Cth) s 411(4)(v), 411(11), 411(12) Securities Act 1933 (US) APPLICATION BY NORMANDY NFM LIMITED (TRADING AS NEWMONT NFM) IN THE MATTER OF NORMANDY NFM LIMITED T/AS NEWMONT NFM – ABN 039 007 680 093 N 3008 OF 2003

HELY J 11 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3008 OF 2003

BETWEEN: APPLICATION BY NORMANDY NFM LIMITED (TRADING AS NEWMONT NFM) IN THE MATTER OF NORMANDY NFM LIMITED T/AS NEWMONT NFM

ABN 039 007 688 093

APPLICANT

JUDGE: HELY J

DATE OF ORDER: 11 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 411(4)(b) of the Corporations Act 2001(Cth) the scheme of arrangement between Normandy NFM Limited (ABN 039 007 688 093) (NFM) and the holders of NFM shares, in the form annexed hereto, be approved. 2. Pursuant to s 411(12) of the Corporations Act 2001 (Cth) that NFM be exempted from compliance with s 411(11) of the Corporations Act 2001 (Cth). 3. 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 3008 OF 2003

BETWEEN: APPLICATION BY NORMANDY NFM LIMITED (TRADING AS NEWMONT NFM) IN THE MATTER OF NORMANDY NFM LIMITED T/AS NEWMONT NFM

ABN 039 007 688 093

APPLICANT

JUDGE: HELY J

DATE: 11 APRIL 2003