In the matter of HWW Ltd [2006] FCA 161

FEDERAL COURT OF AUSTRALIA

In the matter of HWW Ltd [2006] FCA 161

IN THE MATTER OF HWW LIMITED

NSD 353 of 2006

LINDGREN J

24 FEBRUARY 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 353 OF 2006

IN THE MATTER OF: HWW LIMITED (ABN 99 003 076 104)

PLAINTIFF

JUDGE: LINDGREN J

DATE OF ORDER: 24 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 411(1) of the Corporations Act 2001, the Plaintiff convene a meeting of its own members (Scheme Meeting) for the purpose of considering and, if thought fit, agreeing (with or without modification) to the scheme of arrangement proposed to be made between the Plaintiff and its members, described in the scheme booklet substantially in the form of the draft contained in exhibit "A" (Scheme Booklet).

2. The Scheme Meeting to be held on Thursday 30 March 2006 commencing at 10.00 am at Deacons, Level 8, Gold Fields House, 1 Alfred Street, Circular Quay, Sydney in the State of New South Wales.

3. The Plaintiff is relieved from compliance with regs 5.6.12 to 5.6.36A, other than reg 5.6.13, of the Corporations Regulations 2001 (Cth) in relation to the Scheme Meeting.

4. Stephen Harry Wall, or in his absence, Paul Marshall, is to chair the Scheme Meeting.

5. The chairman of the Scheme Meeting has the power to adjourn the Scheme Meeting in his absolute discretion.

6. The explanatory statement in the Scheme Booklet be approved for distribution to members of HWW Limited.

7. No later than 28 March 2006, the Plaintiff publish in the Australian newspaper a second advertisement in the form of Tab 7 of Exhibit "SHW1" to the Affidavit of Stephen Harry Wall sworn on 23 February 2006 and the Plaintiff is relieved from compliance with rule 3.4 of the Federal Court (Corporations) Rules 2000 to the extent necessary.