Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the matter of section 664F of the Corporations Act 2001 and in the matter of Optimum Health Care Pty Limited ACN 006 964 343; Symbion Health Limited v Peterson [2008] FCA 195
SYMBION HEALTH LIMITED ACN 004 073 410 v MICHAEL PATRICK PETERSON NSD 1945 OF 2007
GRAHAM J
11 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1945 OF 2007
IN THE MATTER OF SECTION 664F OF THE CORPORATIONS ACT 2001 AND IN THE MATTER OF OPTIMUM HEALTH CARE PTY LIMITED ACN 006 964 343 BETWEEN: SYMBION HEALTH LIMITED ACN 004 073 410
Applicant
AND: MICHAEL PATRICK PETERSON
Respondent
JUDGE: GRAHAM J DATE OF ORDER: 11 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Directs that the defendant's Notice of Motion filed 19 October 2007, and plaintiff's Notice of Motion filed 6 February 2008 be heard together. 2. Orders that service of the defendant's Notice of Motion filed 19 October 2007 and the plaintiff's Notice of Motion, filed 6 February 2008 upon Australian Securities and Investments Commission be dispensed with. 3. Notes that the defendant abandons his reliance on the second ground as notified in his objection to the acquisition of his ordinary shares in Optimum Healthcare Pty Limited of 30 August 2007. 4. Orders that the defendant's Notice of Motion filed 19 October 2007 be dismissed. 5. Orders that the plaintiff's Notice of Motion filed 6 February 2008 be dismissed. 6. Order that the costs of the defendant of the plaintiff's motion filed 6 February 2008 be the defendant's costs in the proceedings. 7. Orders that the costs of the defendant's motion filed 19 October 2007 be costs in the proceedings. 8. Directs the defendant to file and serve any further affidavits on or before 14 April 2008. 9. Directs the plaintiff to file and serve any affidavits in reply on or before 10 June 2008. 10. Orders that the matter stand over for directions on 13 June 2008 at 4pm. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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