Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AGL Energy Services (Queensland) Pty Limited v AGL Energy Services Pty Limited (No 3) [2010] FCA 454 Citation: AGL Energy Services (Queensland) Pty Limited v AGL Energy Services Pty Limited (No 3) [2010] FCA 454
Parties: AGL ENERGY SERVICES (QUEENSLAND) PTY LIMITED v AGL ENERGY SERVICES PTY LIMITED
File number: NSD 346 of 2010
Judge: EMMETT J
Date of judgment: 29 April 2010
Date of hearing: 14, 19, 29 April 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 13
Counsel for the Plaintiff: MB 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
Plaintiff
AND: AGL ENERGY SERVICES PTY LIMITED
Defendant
JUDGE: EMMETT J
DATE OF ORDER: 29 APRIL 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (the Act), the scheme of arrangement between the plaintiff and its sole member, in the form set out in annexure 'A' to these orders (the Scheme), be approved. 2. Pursuant to s 411(12) of the Act, the plaintiff be exempted from compliance with the requirements of s 411(11) of the Act. 3. Pursuant to s 413(1) of the Act (and using the definitions in the Scheme), from the Implementation Time, each of the steps occur in the order set out below: (a) All Assets of the plaintiff be transferred to and vested in the defendant without the need for any further act or deed; (b) All Liabilities of the plaintiff be transferred to and become Liabilities of the defendant without the need for any further act or deed; (c) All legal proceedings pending by or against the plaintiff be deemed to be continued by or against the defendant without the need for any further act or deed, other than an amendment of the record of the relevant court or tribunal; and (d) The plaintiff be deregistered by ASIC without winding up. 4. Pursuant to s 413(1)(g) of the Act, as from the Implementation Time (as defined in the Scheme) the defendant or any director of the defendant from time to time may sign all documents and do all things required to be done by the plaintiff to complete or perfect the transfer of the Assets and Liabilities of the plaintiff provided for in these orders. 5. Liberty be reserved to any party to apply for any further orders as may be considered necessary or desirable under s 413 of the Act. 6. All the exhibits marked in this proceeding be returned to the plaintiff forthwith. 7. These orders be entered forthwith.
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