Peter Hedge in his capacity as Administrator of Federation Health Ltd (Administrator Appointed) [2005] FCA 980

FEDERAL COURT OF AUSTRALIA

Peter Hedge in his capacity as Administrator of Federation Health Ltd (Administrator Appointed) [2005] FCA 980

PETER HEDGE IN HIS CAPACITY AS ADMINISTRATOR OF FEDERATION HEALTH LTD (ADMINISTRATOR APPOINTED) ACD15 OF 2005 EMMETT J 23 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD15 OF 2005

PETER HEDGE in his capacity as Administrator of Federation Health Ltd (Administrator Appointed)

APPLICANT

JUDGE: EMMETT J

DATE OF ORDER: 23 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 82XZE of the National Health Act 1953 (the Act), a scheme of arrangement concerning the business of Federation Health Limited (Federation) be implemented in accordance with the terms of the Scheme of Arrangement Deed (the Deed) between Latrobe Health Services Incorporated (Latrobe), Federation and the Applicant in the form set out in the schedule to these orders (the Scheme).

2. Pursuant to section 447A of the Corporations Act 2001 (as applied by section 82XB of the Act), the operation of section 82XZJ(3)(e) of the Act be varied and Part IVA of the Act operates so that, notwithstanding the order in paragraph 1, the administration of Federation ends on the earlier of:

(a) the day after the day on which the Scheme is implemented in full; and

(b) 30 April 2006.

3. If at any time, but for this order, Federation would have no members eligible to vote then Scott Cameron Turner shall, by force of this order, be deemed to be a Full Member of Federation.

4. For the purposes of rule 4(c) of the rules of Latrobe, Scott Cameron Turner be authorised to sign an application for membership of Latrobe on behalf of each of the Transferring Contributors as referred to in clause 8.1(b)(i) of the Deed.

5. The costs of the Application be the costs and expenses of the administration of Federation.