Cribb, in the matter of Shields Contracting Pty Ltd (ACN 059 029 506) (In Liquidation) [2008] FCA 1116

FEDERAL COURT OF AUSTRALIA

Cribb, in the matter of Shields Contracting Pty Ltd (ACN 059 029 506) (In Liquidation) [2008] FCA 1116

CORPORATIONS – failure by liquidators to obtain approval under s 477(2B) of the Corporations Act 2001 (Cth)

Corporations Act 2001 (Cth) ss 477(2B), 1322(4)(a), 1322(6) Re Read (2007) 164 FCR 237 IN THE MATTER OF SHIELDS CONTRACTING PTY LTD (ACN 059 029 506) (IN LIQUIDATION) NEIL RAYMOND CRIBB AND MARK ANTHONY CONLAN (IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF SHIELDS CONTRACTING PTY LTD (ACN 059 029 506) (IN LIQUIDATION)) WAD 111 OF 2008

SIOPIS J

17 JUNE 2008

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 111 OF 2008

IN THE MATTER OF SHIELDS CONTRACTING PTY LTD (ACN 059 029 506) (IN LIQUIDATION) BETWEEN: NEIL RAYMOND CRIBB AND MARK ANTHONY CONLAN (IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF SHIELDS CONTRACTING PTY LTD (ACN 059 029 506) (IN LIQUIDATION))

Plaintiffs

JUDGE: SIOPIS J

DATE OF ORDER: 17 JUNE 2008

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The agreement dated 27 January 2005 between the plaintiffs on behalf of Shields Contracting Pty Ltd (In Liq) and Meteore Minerals Limited (formerly known as Select Minerals Pty Ltd), Renwick Nominees Pty Ltd and Donald Stephen McManus (Agreement) is approved. 2. The plaintiffs are directed that they may act on the Agreement as though it had been approved by the Court pursuant to s 477(2B) of the Corporations Act 2001. 3. Pursuant to s 1322(4)(a) of the Corporations Act 2001, the entry by the plaintiffs into the Agreement and the Agreement itself are not invalid by reason of the failure of the plaintiffs to obtain any prior approval required by s 477(2B) of the Corporations Act 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.