Centaur Mining & Exploration Ltd (In Liquidation) (Receiver and Manager Appointed) [2003] FCA 1339

FEDERAL COURT OF AUSTRALIA

Centaur Mining & Exploration Ltd (In Liquidation) (Receiver and Manager Appointed) [2003] FCA 1339

CORPORATIONS – creditors' voluntary winding up of a listed public company – whether power to relieve the liquidator from the requirement to convene a general meeting of members should be exercised because the cost of holding the meeting is disproportionate to any financial benefit the members may receive – whether it is appropriate to extend the time within which the meeting of members and creditors is required to be convened because ASIC is conducting an investigation into the company

Corporations Act 2001 (Cth) ss 446B, 447A, 508 and 1322 Corporations Regulations 2001 (Cth) reg 5.3A.07 Australasian Memory Pty Limited v Brien (2000) 200 CLR 270 - cited Gibbons v Libertyone Ltd (in liq) (2002) 41 ACSR 442 – cited Application of Walker [2002] NSWSC 705 – cited Re Love (as liq of ACN 077 368 257 Ltd) (2003) 44 ACSR 367 – applied In the matter of Centaur Mining & Exploration Ltd (In Liquidation) (Receiver and Manager Appointed) ACN 004 805 145 Stephen Andrew Hawke and Robyn Beverley McKern V 3226 of 2003 MERKEL J 21 NOVEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3226 OF 2003

In the matter of Centaur Mining & Exploration Ltd (In Liquidation)

(Receiver and Manager Appointed)

ACN 004 805 145

BETWEEN: STEPHEN ANDREW HAWKE AND

ROBYN BEVERLEY McKERN

Plaintiffs JUDGE: MERKEL J

DATE OF ORDER: 21 NOVEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The period within which the plaintiffs are required to convene a general meeting of Centaur Mining & Exploration Ltd (In Liquidation) (Receiver and Manager Appointed) and a meeting of the creditors under s 508(1)(b) of the Corporations Act 2001 (Cth) be extended to 31 March 2004. 2. The plaintiffs' costs of the proceeding be costs in the liquidation.