Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vulcan Resources Ltd (ACN 100 072 624), in the matter of Vulcan Resources Ltd (ACN 100 072 624) (No 2) [2010] FCA 46 Citation: Vulcan Resources Ltd (ACN 100 072 624), in the matter of Vulcan Resources Ltd (ACN 100 072 624) (No 2) [2010] FCA 46
Parties: IN THE MATTER OF VULCAN RESOURCES LTD (ACN 100 072 624); VULCAN RESOURCES LTD (ACN 100 072 624)
File number: WAD 228 of 2009
Judge: MCKERRACHER J
Date of judgment: 5 FEBRUARY 2010
Catchwords: CORPORATIONS – scheme of arrangement - approved pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) s 411, 411(4)(a)(ii), 411(17)(b) Federal Court (Corporations) Rules 2000 Div 3
Cases cited: Re Investorinfo Ltd (2005) 24 ACLC 44 Vulcan Resources Ltd (ACN 100 072 624), In the matter of Vulcan Resources Ltd (ACN 100 072 624) [2009] FCA 1599
Date of hearing: 4 February 2010
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Counsel for the Plaintiff: P Jooste QC
Solicitor for the Plaintiff: Blakiston & Crabb
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION WAD 228 of 2009
IN THE MATTER OF VULCAN RESOURCES LTD (ACN 100 072 624) VULCAN RESOURCES LTD (ACN 100 072 624)
Plaintiff
JUDGE: MCKERRACHER J
DATE OF ORDER: 4 February 2010
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Pursuant to s 411(4)(b) and s 411(6) of the Corporations Act 2001 (Cth) ('Act'): (a) the Scheme of Arrangement between the Plaintiff and its members being Annexure 2 to the Scheme Booklet which was registered by the Australian Securities and Investments Commission on 17 December 2009 and was assigned document number 024428643 be amended ('Amended Scheme') by inserting in cl 3(a)(1) of the Scheme the following words (in bold): "all the conditions in clause 3.1of the Merger Implementation Agreement, other than clause 3.1(c), having been satisfied or waived in accordance with the terms of the Merger Implementation Agreement by 5.00pm on the day before the Second Court Date"; and (b) the Amended Scheme is approved. 2. In accordance with s 411(12) of the Act, the Plaintiff is exempt from compliance with s 411(11) of the Act. 3. An office copy of these orders be lodged with the Australian Securities and Investments Commission within 10 business days after the date of these orders. 4. Liberty to apply. 5. These orders to 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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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