Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Yandal Gold Pty Ltd [2007] FCA 542
PRACTICE AND PROCEDURE – final judgment – fund established for distribution to a class – unable to locate all members of class – liberty to apply reserved – whether power to order the return of the balance of the fund
Abigroup Ltd v Abignano (1992) 112 ALR 497 cited Penrice v Williams (1883) 23 Ch D 353 cited Phillips v Walsh (1990) 20 NSWLR 206 cited
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v YANDAL GOLD PTY LTD, YANDAL GOLD HOLDINGS PTY LTD, EDENSOR NOMINEES PTY LTD, NEWMONT AUSTRALIA LIMITED, NEWMONT MINING FINANCE LIMITED, NEWMONT CONSOLIDATED GOLD HOLDINGS PTY LTD and NEWMONT MINING HOLDINGS PTY LTD VID 3094 of 1999
FINKELSTEIN J
18 APRIL 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 3094of 1999
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Plaintiff
AND: YANDAL GOLD PTY LTD,
YANDAL GOLD HOLDINGS PTY LTD,
EDENSOR NOMINEES PTY LTD,
NEWMONT AUSTRALIA LIMITED,
NEWMONT MINING FINANCE LIMITED,
NEWMONT CONSOLIDATED GOLD HOLDINGS PTY LTD,
and NEWMONT MINING HOLDINGS PTY LTD
Defendants
JUDGE: FINKELSTEIN J DATE OF ORDER: 18 april 2007
WHERE MADE: MELBOURNE
Upon Newmont Australia Limited (Newmont) undertaking that in the event that:
(a) a payee of any unpresented cheque referred to in paragraph 27 of and Exhibit "RG-15" to the affidavit of Rayma Gupta sworn on 24 November 2006 and filed in this proceeding (unpaid shareholder) makes demand in writing to Newmont for payment of the amount of the unpresented cheque payable to that payee (relevant shareholder amount); and
(b) the demand is received by Newmont on or before 3 January 2009,
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