Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bell IXL Investments Ltd v Life Therapeutics Ltd (No 2) [2008] FCA 1509
CORPORATIONS – adjourned meeting – record date – whether the record date should be amended for a requisitioned general meeting COSTS – indemnity costs – Calderbank letter Corporations Act 2001 (Cth) ss 249M, 1322(4)(d), 1322(6)(c)
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR 435 cited In the Matter of Village Roadshow Limited (No 2) (2004) 22 ACLC 212 cited Jackson v Hamlyn [1953] Ch 577 cited Kernaghan v Corrections Corporation of Australia Staff Superannuation Pty Ltd (No. 3) [2007] FCA 2018 cited Life Therapeutics Limited v Bell IXL Investments Limited [2008] FCAFC 144 cited Scadding v Lorant (1851) 3 HLC 418cited BELL IXL INVESTMENTS LIMITED (ACN 113 669 908) v LIFE THERAPEUTICS LIMITED (ACN 001 001 145), AEGIS PARTNERS LIMITED and BELL POTTER NOMINEES LIMITED (ACN 088 899 601)
VID 432 of 2008
MIDDLETON J
8 OCTOBER 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 432 of 2008
BETWEEN: BELL IXL INVESTMENTS LIMITED (ACN 113 669 908)
Plaintiff
AND: LIFE THERAPEUTICS LIMITED (ACN 001 001 145)
First Defendant
AEGIS PARTNERS LIMITED
Second Defendant
BELL POTTER NOMINEES LIMITED (ACN 088 899 601)
Third Defendant
JUDGE: MIDDLETON J
DATE OF ORDER: 8 OCTOBER 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The time for holding the requisitioned general meeting of the first defendant be extended to a time no later than on or before 23 October 2008. 3. A new notice of the resumed requisitioned general meeting be given on or before 14 October 2008. 4. The notice of the resumed requisitioned general meeting be given by publication on the ASX website of such notice. 5. The plaintiff pay the costs of the first defendant of the proceeding, other than costs of and incidental to the trial before Finkelstein J. 6. The plaintiff pay the costs of the second and third defendants of the proceeding (including of and incidental to the hearing on 31 July 2008) other than costs of and incidental to the trial before Finkelstein J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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