In the matter of Australian Energy Ltd [2006] FCA 155

FEDERAL COURT OF AUSTRALIA

In the matter of Australian Energy Ltd [2006] FCA 155

IN THE MATTER OF AUSTRALIAN ENERGY LTD

NSD 345 of 2006

LINDGREN J

23 FEBRUARY 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 345 OF 2006

IN THE MATTER OF: AUSTRALIAN ENERGY LTD (ABN 72 083 183 028)

PLAINTIFF

JUDGE: LINDGREN J

DATE OF ORDER: 23 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to subsection 411(1) of the Corporations Act 2001: (a) The plaintiff (AEN) convene a meeting (Share Scheme Meeting) of the holders of shares in AEN (AEN Shareholders) for the purpose of considering and, if thought fit, agreeing (with or without modification) to a scheme of arrangement proposed to be made between AEN and the AEN Shareholders (Share Scheme), being the scheme substantially in the form of the draft contained in Appendix D of the booklet containing the explanatory statement in relation to the Share Scheme, being Exhibit "A" (Scheme Booklet). (b) AEN convene a meeting (Option Scheme Meeting) of the holders of options (AEN Optionholders) to subscribe for shares in AEN (AEN Options) for the purpose of considering and, if thought fit, agreeing (with or without modification) to a scheme of arrangement proposed to be made between AEN and the AEN Optionholders (Option Scheme), being the scheme substantially in the form of the draft contained in Appendix E of the Scheme Booklet. (c) The Share Scheme Meeting be held at 11.00 am (Australian Eastern Standard Time) on Thursday 30 March 2006 at The Whitehorse Club, 298-336 Burwood Highway (between Blackburn Road and Springvale Road), Burwood East, Victoria. (d) The Option Scheme Meeting be held at 11.30 am (Australian Eastern Standard Time) (or as soon thereafter as the Share Scheme Meeting concludes) on Thursday 30 March 2006 at The Whitehorse Club, 298-336 Burwood Highway (between Blackburn Road and Springvale Road), Burwood East, Victoria.