Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the matter of Kalgoorlie Lake View Pty Ltd ACN 004 990 274, Macapa Pty Ltd ACN 008 979 986, Norkal Pty Ltd ACN 008 940 743, Newmont GRPL Pty Ltd ACN 008 976 958 & North Kalgurli Mines Pty Limited ACN 008 747 886 [2005] FCA 960
CORPORATIONS – s 411 – application to conduct a meeting of members – amalgamation of business of five related companies which also are promoters of the scheme
Re GIO Building Society Ltd and Australian Securities and Investments Commission [2001] NSWSC 704 cited F T Eastment & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 cited In the matter of Kalgoorlie Lake View Pty Ltd ACN 004 990 274, Macapa Pty Ltd ACN 008 979 986, Norkal Pty Ltd ACN 008 940 743, Newmont GRPL Pty Ltd ACN 008 976 958 & North Kalgurli Mines Pty Limited ACN 008 747 886 No S 119 of 2005 FINN J ADELAIDE 8 JULY 2005
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 119 OF 2005
BETWEEN: IN THE MATTER OF KALGOORLIE LAKE VIEW PTY LTD ACN 004 990 274, MACAPA PTY LTD ACN 008 979 986, NORKAL PTY LTD ACN 008 940 743, NEWMONT GRPL PTY LTD ACN 008 976 958 AND NORTH KALGURLI MINES PTY LIMITED ACN 008 747 886
AND: KALGOORLIE LAKE VIEW PTY LTD ACN 004 990 274
FIRST PLAINTIFF
MACAPA PTY LTD ACN 008 979 986
SECOND PLAINTIFF
NORKAL PTY LTD ACN 008 940 743
THIRD PLAINTIFF
NEWMONT GRPL PTY LTD ACN 008 976 958
FOURTH PLAINTIFF
NORTH KALGURLI MINES PTY LIMITED
ACN 008 747 886
FIFTH PLAINTIFF
JUDGE: FINN J
DATE OF ORDER: 8 JULY 2005
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The first plaintiff, Kalgoorlie Lake View Pty Ltd ACN 004 990 274 ("KLV") convene, in accordance with this order, a meeting of all of its members ("the KLV meeting") for the purpose of considering, and if thought fit, agreeing to (with or without modification) the scheme of arrangement proposed between KLV and its members, a copy of which is included as Appendix 4 to the Explanatory Statement that is contained in the Scheme Booklet annexed as Schedule A to this order ("Explanatory Statement").
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