Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the matter of Geopacific Resources NL (ACN 003 208 393) [2007] FCA 43
CORPORATIONS – company's failure to lodge an application for admission to quotation for securities on the Australian Stock Exchange Ltd in accordance with ss 723(3)(a) and 724(1)(b)(i) of the Corporations Act 2001 (Cth) – application under s 1322(4)(d) for an extension of time to lodge the application – whether "substantial injustice" has been or is likely to be caused to any person in ordering an extension of time according to s 1322(6)(c). Corporations Act (2001) (Cth) s 254E(1), s 711(5)(c), s 723(3)(a), s 724(1)(b)(i), s 724(2), s 1322(4)(d), s 1322(6)(c)
Re Wave Capital Ltd (2003) 47 ACSR 418 followed Re Tony Barlow Australia Ltd (2005) 53 ACSR 1 cited Re Biron Capital Ltd (2005) 54 ACSR 548 cited IN THE MATTER OF GEOPACIFIC RESOURCES NL (ACN 003 208 393) No SAD 4 of 2007
FINN J
18 JANUARY 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 4 OF 2007
IN THE MATTER OF GEOPACIFIC RESOURCES NL (ACN 003 208 393)
Plaintiff
JUDGE: FINN J DATE OF ORDER: 18 JANUARY 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The time for service and hearing of the Application be abridged. 2. Pursuant to s 1322(4)(d) of the Corporations Act 2001 (the Act), the period of seven days referred to in subs 723(3)(a) and 724(1)(b)(i) of the Act in respect of the Prospectus of the Plaintiff dated 22 December 2006 and lodged with the Australian Securities and Investments Commission (ASIC) on 22 December 2006 be extended to and include 5 January 2007. 3. Upon service of these orders on ASIC, ASIC will include such orders on its database. 4. The plaintiff make an announcement to the ASX disclosing the terms of these orders forthwith. 5. The plaintiff and all other interested parties including ASIC have liberty to apply to revoke or vary the orders above. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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