Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Promentum Limited ACN 003 322 512 [2007] FCA 446 Corporations Act 2001 (Cth), s 411 PROMENTUM LIMITED ACN 003 322 512 NSD355 OF 2007
EMMETT J
15 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD355 OF 2007
IN THE MATTER OF PROMENTUM LIMITED ACN 003 322 512 PROMENTUM LIMITED ACN 003 322 512
Plaintiff
JUDGE: EMMETT J DATE OF ORDER: 15 MARCH 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 411(1) of the Corporations Act 2001(Corporations Act), the Plaintiff (Promentum) convene a meeting (Promentum Scheme Meeting) of the holders of fully paid ordinary shares in Promentum (Promentum Shareholders) for the purpose of considering and, if thought fit, agreeing (with or without modification) to a scheme of arrangement (Promentum Scheme) being the scheme substantially in the form at page 131 and following of Exhibit A. 2. The Promentum Scheme Meeting be held at 10:00am, on 18 April 2007 at the offices of Dibbs Abbott Stillman, 123 Pitt Street, Sydney. 3. The Chairman of the Promentum Scheme Meeting be John Michael Churchill and in his absence Ian McClure Wightwick. 4. The Chairman appointed to the Promentum Scheme Meeting have the power to adjourn the meeting in his absolute discretion. 5. All voting at the Promentum Scheme Meeting (other than procedural matters) be by poll as declared by the Chairman. 6. Pursuant to section 411(1) of the Corporations Act, the explanatory statement for the Promentum Scheme in the form of Exhibit A be approved for distribution to shareholders. 7. Promentum publish in The Australian newspaper a notice of hearing of any application to approve the Promentum Scheme substantially in the form of annexure 1 of this Order no later than 12 April 2007. 8. Pursuant to section 1319 of the Corporations Act, Promentum be exempted from compliance with the requirements of rule 2.15 of the Federal Court (Corporations) Rules 2000 save that regulation 5.6.13 of the Corporations Regulations 2001 shall apply to the Promentum Scheme Meeting. 9. The proceeding be stood over to 19 April 2006 2:15pm before Justice Emmett for the hearing of an application to approve the Promentum Scheme. 10. Liberty to restore on 2 days notice. 11. These Orders to be entered forthwith. 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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