In the matter of Tony Barlow Australia Limited [2005] FCA 363

FEDERAL COURT OF AUSTRALIA

In the matter of Tony Barlow Australia Limited [2005] FCA 363

CORPORATIONS – application for extension of time to lodge application for admission of quotation of securities – application for validation of shares issued pursuant to prospectus – no substantial injustice if orders granted – avoidance of material adverse impact on company – special costs order not appropriate

Corporations Act 2001 (Cth), ss 723(3)(a), 724(1)(b), 724(1)(b)(i), 724(2), 254E(1), 254E(2), 1322(4)(d), 1322(6) Golden Gate Petroleum Ltd, Re (2004) 50 ACSR 659 applied Insurance Australia Group Ltd, Re (2003) 128 FCR 581 applied Onslow Salt Pty Ltd, Re (2003) 198 ALR 344 applied Wave Capital Limited, Re (2003) 21 ACLC 1995 considered IN THE MATTER OF TONY BARLOW AUSTRALIA LIMITED WAD 66 of 2005 NICHOLSON J 31 MARCH 2005 and 6 APRIL 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 66 OF 2005

IN THE MATTER OF SECTIONS 254E AND 1322(4) OF THE CORPORATIONS ACT 2001 (CTH)

IN THE MATTER OF TONY BARLOW AUSTRALIA LIMITED (ACN 008 787 988)

PLAINTIFF

JUDGE: NICHOLSON J

DATE OF ORDER: 31 MARCH 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The time for service and hearing of the application filed on 24 March 2005 be abridged. 2. Pursuant to section 1322(4)(d), the period of seven days referred to in section 723(3)(a) and in sub-section 724(1)(b)(i) of the Corporations Act 2001 (Cth) in respect of the prospectus of the Company dated 20 November 2003 and lodged with the Australian Securities and Investments Commission ('ASIC') on 20 November 2003 ('Prospectus'), be extended to and include 17 December 2003. 3. Pursuant to section 254E(1) of the Act, the issue of the 218,594,351 shares issued by the plaintiff on 17 December 2003 pursuant to the Prospectus, each be validated and confirmed on the terms and conditions set out in section 5.4 of the Prospectus, annexed to the affidavit of Michael Gerrard Blakiston sworn 24 March 2005. 4. The plaintiff lodge a copy of these orders with ASIC for the purposes of and pursuant to section 254E(2) forthwith. 5. The plaintiff and all other interested parties including the ASIC have liberty to apply to revoke or vary the orders above.