Charter Hall Limited, in the matter of Charter Hall Limited [2007] FCA 1316

FEDERAL COURT OF AUSTRALIA

Charter Hall Limited, in the matter of Charter Hall Limited [2007] FCA 1316

CORPORATIONS – failure to comply with time limit in relation to placement of stapled securities – failure to comply with time limit was inadvertent – unlikely to be any substantial injustice to any party in dispensing with the time limit – applied proviso that any party who later claims to have suffered a substantial injustice by reason of the orders has liberty to apply to discharge or vary them within a limited time Corporations Act 2001 (Cth), ss 708A(6)(a), 1012DA(6)(a), 1322 Re Australian Wealth Management Pty Ltd [2005] FCA 311 followed Re Bounty Industries Ltd [2007] FCA 956 cited Re Insurance Australia Group Ltd (2003) 128 FCR 581 cited Re Wave Capital Limited (2003) 47 ACSR 418 cited Re Westpac Banking Corp (2004) 53 ACSR 288 cited Super John Pty Ltd v Futuris Rural Pty Ltd (1999) 32 ACSR 398 cited IN THE MATTER OF CHARTER HALL LIMITED AND CHARTER HALL FUNDS MANAGEMENT LIMITED AND THE CORPORATIONS ACT 2001 (CTH) CHARTER HALL LIMITED ABN 57 113 531 150 AND CHARTER HALL FUNDS MANAGEMENT LIMITED ABN 31 082 991 786 NSD 1555 OF 2007

GYLES J

15 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1555 OF 2007

IN THE MATTER OF CHARTER HALL LIMITED AND CHARTER HALL FUNDS MANAGEMENT LIMITED AND THE CORPORATIONS ACT 2001 (CTH) CHARTER HALL LIMITED ABN 57 113 531 150

First Plaintiff

CHARTER HALL FUNDS MANAGEMENT LIMITED ABN 31 082 991 786

Second Plaintiff

JUDGE: GYLES J

DATE OF ORDER: 15 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. In respect of the 44,444,445 stapled securities comprising one paid ordinary share in Charter Hall Limited and one unit in Charter Hall Property Trust which were issued on 13 June 2007 (the relevant securities), the period of five business days referred to in s 708A(6)(a) and s 1012DA(6)(a) of the Corporations Act 2001 (Cth) be extended to the second business day after the day on which these orders are entered. 2. A notice under s 708A(5)(e) and s 1012DA(5)(e) of the Corporations Act 2001 (Cth) given to Australian Securities Exchange Limited in respect of the relevant securities within the period provided for in order 1 be deemed to take effect as if it had been given to Australian Securities Exchange Limited on 14 June 2007. 3. These orders be entered forthwith. 4. A sealed copy of these orders be served as soon as practicable on the Australian Securities and Investments Commission, Australian Securities Exchange Limited, Macquarie Equity Capital Markets Limited, and each person named in the list at tab 28 of Exhibit NCF-1 to the affidavit of Nathan Cain Francis affirmed on 7 August 2007. A copy of these orders also be placed on the website of the first plaintiff as soon as practicable and remain there for at least 28 days. 5. Any interested party have liberty to apply within 28 days of the entry of these orders to revoke or vary the orders.