Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rebel Sport Limited, in the matter of Rebel Sport Limited (No 2) [2007] FCA 458 IN THE MATTER OF REBEL SPORT LIMITED (ACN 003 382 823) NSD 90 of 2007
LINDGREN J
19 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 90 OF 2007
IN THE MATTER OF REBEL SPORT LIMITED (ACN 003 382 823) BETWEEN: REBEL SPORT LIMITED (ACN 003 283 823)
Plaintiff
JUDGE: LINDGREN J DATE OF ORDER: 19 MARCH 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Pursuant to subsection 411(4)(b) of the Corporations Act 2001 (Cth) (Act), the Court approves the scheme of arrangement between Rebel Sport Limited ACN 003 283 823 (Rebel) and its ordinary shareholders other than Excluded Shareholders, being Foghorn Holdings Pty Limited ACN 122 558 874 and its related bodies corporate (Scheme), a copy of which is annexed and marked "A". 2. Pursuant to section 411(12) of the Act the plaintiff be exempt from compliance with section 411(11) of the Act in respect of the Scheme. 3. These orders be entered forthwith. 4. The original exhibits be returned to the plaintiff forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 90 OF 2007
IN THE MATTER OF rebel sport limited (ACN 003 283 823) BETWEEN: REBEL SPORT LIMITED (ACN 003 283 823)
Plaintiff
JUDGE: LINDGREN J
DATE: 19 MARCH 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT (No 2) (second court hearing) 1 On 6 February 2007, I made an order pursuant to s 411(1) of the Corporations Act 2001 (Cth) ("the Act"), that the plaintiff Rebel Sport Limited ("Rebel") convene a meeting ("Scheme Meeting") of the holders of ordinary shares in Rebel (other than "Excluded Shareholders", being Foghorn Holdings Pty Limited ("Foghorn") and its related bodies corporate) ("Rebel Shareholders"), for the purpose of considering and, if thought fit, approving a scheme of arrangement (with or without modification) proposed to be made between Rebel and Rebel Shareholders ("the Scheme"). I published reasons for the making of that order (Rebel Sport Limited, in the matter of Rebel Sport Limited [2007] FCA 96). 2 The Scheme Meeting was held on 15 March 2007, when a resolution that the Scheme be agreed to by the Rebel Shareholders was passed by a majority of the Rebel Shareholders present and voting (either in person or by proxy), and when more than 75 percent of the votes cast were in favour of the Scheme. 3 The result of the voting as declared by the Chairman of the Scheme Meeting is shown in the following table:
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