Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AGL Energy Services (Queensland) Pty Limited v AGL Energy Services Pty Limited [2010] FCA 452 Citation: AGL Energy Services (Queensland) Pty Limited v AGL Energy Services Pty Limited [2010] FCA 452
Parties: AGL ENERGY SERVICES (QUEENSLAND) PTY LIMITED v AGL ENERGY SERVICES PTY LIMITED
File number: NSD 346 of 2010
Judges: EMMETT J
Date of judgment: 14 April 2010
Date of hearing: 14 April 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 23
Counsel for the Plaintiff: M Oakes SC
Solicitor for the Plaintiff: Gilbert + Tobin
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 346 of 2010
BETWEEN: AGL ENERGY SERVICES (QUEENSLAND) PTY LIMITED ACN 104 759 471
Plaintiff
AND: AGL ENERGY SERVICES PTY LIMITED
ACN 074 821 720
Defendant
JUDGE: EMMETT J
DATE OF ORDER: 14 APRIL 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Plaintiff place an advertisement in The Australian newspaper, in a form substantially equivalent to the form of Annexure A to these orders, on Friday, 16 April 2010. 2. The proceeding be stood over part-heard to 10:15 am on 19 April 2010. 3. The proceeding be listed at 10:15 am on 29 April 2010 for the hearing of any application to approve the scheme of arrangement between the Plaintiff and its sole member, AGL Sales Pty Limited.
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.
ANNEXURE A Notice of hearing to approve scheme of arrangement (Form 6, rule 3.4) TO all the creditors and members of AGL Energy Services (Queensland) Pty Limited (ACN 104 759 471) (ESQ) TAKE NOTICE that at 10.15am on 29 April 2010, the Federal Court of Australia at Law Courts Building, Queens Square, Sydney, will hear an application by ESQ seeking the approval of a scheme of arrangement between the above-named company and its member (the Scheme). The effect of the Scheme is to provide for: (a) the transfer to AGL Energy Services Pty Limited (ACN 074 821 720) (Transferee Company) of all of the assets of ESQ; (b) the transfer to Transferee Company of all of the liabilities, including creditors, of ESQ; (c) the continuation by Transferee Company of all legal proceedings pending by or against ESQ; and (d) the deregistration of ESQ by ASIC without winding up. The application will be heard by the Court if a resolution proposing the Scheme has been passed by a meeting of the member of ESQ prior to the Court hearing. If you wish to oppose the approval of the compromise or arrangement, you must file and serve on ESQ a notice of appearance, in the prescribed form, together with any affidavit on which you wish to rely at the hearing. The notice of appearance and affidavit must be served on the plaintiff at its address for service at least 1 day before the date fixed for the hearing of the application. The address for service of ESQ is: c/o Gilbert + Tobin Level 37, 2 Park Street Sydney NSW 2000 (Attention: Colleen Platford). Gilbert + Tobin Lawyers Level 37, 2 Park Street Sydney NSW 2000 IN THE FEDERAL COURT OF AUSTRALIA
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