Biron Capital Limited [2005] FCA 1228

FEDERAL COURT OF AUSTRALIA

Biron Capital Limited [2005] FCA 1228 CORPORATIONS – prospectus – statutory requirement to make application for quotation within seven days of date of prospectus – apparent failure of electronic lodgement – whether time for lodgement should be extended – absence of substantial injustice or likelihood of it

Corporations Act 2001 (Cth) ss 723, 723(3)(a), 724, 724(1)(b)(i), 1322, 1322(4)(d), 1322(6) Re Insurance Australia Group Ltd (2003) 128 FCR 581 Tony Barlow Australia Limited (2005) 53 ACSR 1 Re Wave Capital Limited (2003) 47 ACSR 418 IN THE MATTER OF BIRON CAPITAL LIMITED WAD 221 of 2005 NICHOLSON J 22 AUGUST 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 221 OF 2005

IN THE MATTER OF SECTIONS 723, 724 AND 1322 OF THE CORPORATIONS ACT 2001

BIRON CAPITAL LIMITED

(ACN 009 087 469)

APPLICANT

JUDGE: NICHOLSON J

DATE OF ORDER: 22 AUGUST 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. That the time by which the application is to be served be abridged to a date to be fixed by the Court. 2. The period of 7 days referred to in par 723(3)(a) and in sub-par 724(1)(b)(i) of the Corporations Act 2001 (Cth) in respect of the prospectus dated 4 August 2005 ('the Prospectus') issued by the applicant both be extended to the date contemplated by par 4 hereof. 3. That upon service of this order on the Australian Securities & Investments Commission ('ASIC'), ASIC will include such order on its database. 4. The date fixed for the purposes of par 2 is to be the next day following the lodgement by the Company of an application to Australian Stock Exchange Ltd as provided for in the Prospectus and in any event no later than 7 days from the date of this order. 5. The applicant and all other interested parties including ASIC have liberty to apply to vary orders (2), (3) and (4) above. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.