Vopak Terminal Darwin Pty Limited v Natural Fuels Darwin Pty Limited (Subject to Deed of Company Arrangement) (No 2) [2009] FCA 822

FEDERAL COURT OF AUSTRALIA

Vopak Terminal Darwin Pty Limited v Natural Fuels Darwin Pty Limited (Subject to Deed of Company Arrangement) (No 2) [2009] FCA 822

VOPAK TERMINAL DARWIN PTY LIMITED (ACN 107 742 174) v NATURAL FUELS DARWIN PTY LIMITED (ACN 113 034 576) (SUBJECT TO DEED OF COMPANY ARRANGEMENT) and PETER WALKER AND STEVEN SHERMAN IN THEIR CAPACITIES AS DEED ADMINISTRATORS OF NATURAL FUELS DARWIN PTY LIMITED (ACN 113 034 576)

NSD 437 of 2009

LINDGREN J

4 AUGUST 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 437 of 2009

BETWEEN: VOPAK TERMINAL DARWIN PTY LIMITED (ACN 107 742 174)

Plaintiff

AND: NATURAL FUELS DARWIN PTY LIMITED (ACN 113 034 576) (SUBJECT TO DEED OF COMPANY ARRANGEMENT)

First Defendant

PETER WALKER AND STEVEN SHERMAN IN THEIR CAPACITIES AS DEED ADMINISTRATORS OF NATURAL FUELS DARWIN PTY LIMITED (ACN 113 034 576)

Second Defendant

JUDGE: LINDGREN J

DATE OF ORDER: 31 JULY 2009

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. The defendants do not have, and have not since 30 January 2009 had, any title or any rights in or related to the Biodiesel Plant on the Premises (as defined in the orders made on 10 July 2009) (including in relation to any sale proceeds from the sale of the Biodiesel Plant). THE COURT NOTES THAT BY CONSENT 2. There is no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 437 of 2009

BETWEEN: VOPAK TERMINAL DARWIN PTY LIMITED (ACN 107 742 174)

Plaintiff

AND: NATURAL FUELS DARWIN PTY LIMITED (ACN 113 034 576) (SUBJECT TO DEED OF COMPANY ARRANGEMENT)