Australian Securities and Investments Commission v Green Pacific Energy Limited (In Liquidation) (Subject to Deed of Company Arrangement) ACN 004 119 304 [2007] FCA 1552

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Green Pacific Energy Limited (In Liquidation) (Subject to Deed of Company Arrangement) ACN 004 119 304 [2007] FCA 1552

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v GREEN PACIFIC ENERGY LIMITED (IN LIQUIDATION) (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 004 119 304 AND ANOR QUD231 OF 2006

EMMETT J

26 SEPTEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY QUD231 OF 2006

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: GREEN PACIFIC ENERGY LIMITED (IN LIQUIDATION) (SUBJECT TO DEED OF COMPANY ARRANGEMENT)

ACN 004 119 304

First Defendant

GREEN PACIFIC ENERGY CAPITAL PTY LIMITED (IN LIQUIDATION) (SUBJECT TO DEED OF COMPANY ARRANGEMENT)

ACN 106 553 691

Second Defendant

JUDGE: EMMETT J

DATE OF ORDER: 26 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. (a) the transfer of shares in the First Defendant to Sulton Pty Ltd; (b) the issue by the First Defendant of fully paid shares to Sulton Pty Ltd; (c) the disposition by First Defendant of assets to Stapylton Green Energy No. 2 Pty Limited; (d) the transfer by the First Defendant of shares in subsidiaries to Stapylton Green Energy No. 2 Pty Limited; in accordance with and pursuant to the deed of company arrangement entered into by the First Defendant on 15 June 2007 are not void, notwithstanding the commencement of the winding up of the First Defendant by the Court. 2. The matter be stood over for further hearing on 20 November 2007 at 9.30 am. 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 QUD231 OF 2006