Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Espreon Limited, in the matter of Espreon Limited [2008] FCA 1996
ESPREON LIMITED, IN THE MATTER OF ESPREON LIMITED
NSD 1527 of 2008
EMMETT J
7 NOVEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1527 of 2008
IN THE MATTER OF ESPREON LIMITED, ESPREON LIMITED
(ACN 090 651 700)
Plaintiff
JUDGE: EMMETT J
DATE OF ORDER: 7 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Orders 1(a), 1(b), 1(c), 1(d), 3 and 4 of the orders made in these proceedings on 9 October 2008 be vacated. 2. The hearing set down for 17 November 2008 be vacated. 3. The Plaintiff publish in the Australian newspaper on or before 11 November 2008 a notice substantially in t he form of "Annexure A" hereto. 4. The proceeding be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
Annexure A Notice of termination of Espreon Scheme of Arrangement To all members of Espreon Limited ACN 090 651 700 (Espreon) TAKE NOTICE that the meeting of members of Espreon convened pursuant to an order of the Federal Court of Australia made on 9 October 2008 and to be held on 12 November 2008 for the purpose of considering a scheme of arrangement proposed to be made between Espreon and its members other than Vectis Group Pty Limited (Vectis) will be order of the Federal Court of Australia made on 7 November 2008 no longer be held. The Scheme Implementation Agreement has been terminated by Vectis in accordance with clauses 3.9(b), 14.1(f)(ii) and 14.2 of the Scheme Implementation Agreement following the breach of the index decline condition precedent in clause 3.1(1) of the Scheme Implementation Agreement. Name of person giving notice or of person's legal practitioner: Maria Coffill O'Brien. IN THE FEDERAL COURT OF AUSTRALIA
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