Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bell IXL Investments Ltd v Life Therapeutics Ltd [2008] FCA 1081
CORPORATIONS – shares – allotment – powers of directors – allotment for ulterior purpose Ashburton Oil NL v Alpha Minerals NL (1971) 123 CLR 614 Harlowe's Nominees Pty Ltd v Woodside (Lakes Entrance) Oil Co NL (1968) 121 CLR 483 Whitehouse v Carlton Hotel Pty Ltd (1987) 162 CLR 285 BELL IXL INVESTMENTS LIMITED v LIFE THERAPEUTICS LIMITED, AEGIS PARTNERS LIMITED and BELL POTTER NOMINEES LIMITED
VID 432 of 2008
FINKELSTEIN J
22 JULY 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 432 of 2008
IN THE MATTER OF LIFE THERAPEUTICS LIMITED BETWEEN: BELL IXL INVESTMENTS LIMITED
Plaintiff
AND: LIFE THERAPEUTICS LIMITED,
AEGIS PARTNERS LIMITED and
BELL POTTER NOMINEES LIMITED
Defendants
JUDGE: FINKELSTEIN J
DATE OF ORDER: 22 JULY 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Until further order, Bell Potter Nominees Limited be and it is hereby restrained from exercising (whether by proxy or otherwise) the right to vote that attaches to its shares in Life Therapeutics Limited. 2. Any further affidavit on which the parties propose to rely in relation to the relief that should be granted be filed and served on or before 4.15pm on 28 July 2008. 3. The parties exchange further short Outlines of Submission on or before 4.15pm on 30 July 2008. 4. The further hearing of this proceeding be adjourned to 31 July 2008. 5. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 432 of 2008
IN THE MATTER OF LIFE THERAPEUTICS LIMITED BETWEEN: BELL IXL INVESTMENTS LIMITED
Plaintiff
AND: LIFE THERAPEUTICS LIMITED,
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