Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
RCR Tomlinson Ltd (ACN 008 898 486); In the matter of RCR Tomlinson Ltd (ACN 008 898 486) [2009] FCA 1130
CORPORATIONS LAW – application for order under s 1322(4)(a) and (d) of the Corporations Act 2001 (Cth) extending the time for the company to give notice of share placement in accordance with s 708A(5) and (6) – whether failure to issue notice due to inadvertence – whether substantial injustice to any party Corporations Act 2001 (Cth) ss 111AS, 111AT, 340, 341, 674, 708A(5), 708A(5)(e), 708A(6), 708A(7), 1322(4)(a), 1322(4)(d), 1322(6)(a), 1322(6)(c) Blaze Asset Pty Limited v Target Energy Ltd [2009] FCA 698 In the Matter of Chameleon Mining NL [2009] NSWSC 660 Charter Hall Limited, in the matter of Charter Hall Limited [2007] FCA 1316[2007] FCA 1316 Diversified, in the matter of Diversified United Investment Limited ACN 006 713 177 [2008] FCA 720 IN THE MATTER OF RCR TOMLINSON LTD ACN 008 898 486 RCR TOMLINSON LTD ACN 008 898 486
WAD 162 of 2009
MCKERRACHER J
6 October 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION WAD 162 of 2009
IN THE MATTER OF RCR TOMLINSON LTD ACN 008 898 486 BETWEEN: RCR TOMLINSON LTD
ACN 008 898 486
Plaintiff
AND:
JUDGE: MCKERRACHER J
DATE OF ORDER: 29 September 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. In respect of the 4,270,644 shares in the Plaintiff issued on 10 July 2009 (the relevant securities), the period of 5 business days referred to in s 708A(6)(a) of the Corporations Act 2001 be extended to the second business day after the day on which these orders are entered. 2. The notice under s 708A(5)(e) of the Corporations Act 2001 given to ASX Limited in respect of the relevant securities within the period provided for in order 1 be deemed to take effect as if it had been given to ASX Limited on 13 July 2009. 3. These orders be entered forthwith. 4. A sealed copy of these orders be served on ASIC, ASX, and each person named in paragraph 6 of the Affidavit of Phillip Crighton sworn 15 September 2009 within 2 business days of the date of these orders. A copy of these orders also be placed on the website of the Plaintiff as soon as practicable and remain there for at least 28 days. 5. Any interested party have liberty to apply within 28 days of the entry of these orders to revoke or vary the orders. 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
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