Barbeques Galore Ltd (In the matter of Barbeques Galore Ltd) [2005] FCA 1519

FEDERAL COURT OF AUSTRALIA

Barbeques Galore Ltd (In the matter of Barbeques Galore Ltd) [2005] FCA 1519 BARBEQUES GALORE LTD (IN THE MATTER OF BARBEQUES GALORE LTD) NSD1561 OF 2005 EMMETT J 16 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1561 OF 2005

IN THE MATTER OF BARBEQUES GALORE LTD

BARBEQUES GALORE LTD

PLAINTIFF

JUDGE: EMMETT J

DATE OF ORDER: 16 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to subsection 411(1) of the Corporations Act 2001 (Cth):

(a) the Plaintiff convene a meeting (Share Scheme Meeting) of its ordinary shareholders (Shareholders) for the purpose of considering and, if thought fit, agreeing to a scheme of arrangement proposed to be made between the Plaintiff and the Shareholders (with or without modification) (Share Scheme), the terms of which are contained in section 12of the document which is Exhibit 1P in this proceeding (Share Scheme Booklet);

(b) the Plaintiff convene a meeting (Option Scheme Meeting) of the holders of options to subscribe for unissued ordinary shares in the Plaintiff (Option Holders) for the purpose of considering and, if thought fit, agreeing to a scheme of arrangement proposed to be made between the Plaintiff and the Option Holders (with or without modification) (Option Scheme), the terms of which are contained in section 13of the document which is Exhibit 2P in this proceeding (Option Scheme Booklet);

(c) the Share Scheme Meeting be held at Building A2, Campus Business Park, 350-374 Parramatta Road, Homebush, Sydney, New South Wales, 2140 on 14 October 2005 commencing at 10:00am;

(d) the Option Scheme Meeting be held at Building A2, Campus Business Park, 350 -374 Parramatta Road, Homebush, Sydney, New South Wales, 2140 on 14 October 2005 commencing at 11:00am or as soon after that time as the extraordinary general meeting of Shareholders which is to be held prior to the commencement of the Option Scheme Meeting has concluded or been adjourned;