Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sino Gold Mining Limited, in the matter of Sino Gold Mining Limited (No 2) [2009] FCA 1472
Corporations Act 2001 (Cth) s 411 IN THE MATTER OF SINO GOLD MINING LIMITED (ACN 093 518 579) SINO GOLD MINING LIMITED (ACN 093 518 579)
NSD 1149 of 2009
LINDGREN J
9 December 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1149 of 2009
IN THE MATTER OF SINO GOLD MINING LIMITED (ACN 093 518 579) SINO GOLD MINING LIMITED
(ACN 093 518 579)
Plaintiff
JUDGE: LINDGREN J
DATE OF ORDER: 4 DECEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The Plaintiff be excused for its partial non-compliance with order 12 of the orders made by the Court on 28 October 2009, as described in the affidavit of Matthew Gerard McLennan sworn 3 December 2009. 2. Pursuant to sections 411(4)(b) and 411(6) of the Corporations Act 2001 (Cth) (Act), the proposed scheme of arrangement between all holders of fully paid ordinary shares of the Plaintiff (other than Eldorado Gold Corporation (Eldorado) or any of its subsidiaries, or any person who holds ordinary shares of the Plaintiff on behalf of or for the benefit of Eldorado or any of its subsidiaries), and the Plaintiff be approved subject to the alteration of replacing the number "12,106,733" with "12,236,733" in clause 2(b)(2), the terms of the scheme of arrangement as so altered being as annexed hereto and marked "A". 3. Pursuant to sections 411(4)(b) and 411(6) of the Act, the proposed scheme of arrangement between all holders of options issued by the Plaintiff to acquire shares and the Plaintiff be approved subject to the following alterations: (a) replacing the number "12,106,733" in clause 2(b)(2) with "12,236,733"; (b) replacing the number "550,000" in the last column of the seventh row of schedule 1 with the number "640,000"; and (c) adding a new twentieth row in schedule 1 reading "EEOP Employees 01/10/11 A$4.03 A$3.14 0.2407 40,000", the terms of the scheme of arrangement as so altered being as annexed hereto and marked "B". 4. Pursuant to section 411(12) of the Act, the Plaintiff be exempted from compliance with section 411(11) of the Act in relation to each Scheme. 5. These orders be entered forthwith. 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.
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