Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mosaic Oil NL, in the matter of Mosaic Oil NL [2010] FCA 985
Citation: Mosaic Oil NL, in the matter of Mosaic Oil NL [2010] FCA 985
Parties: MOSAIC OIL NL
File number: NSD 1064 of 2010
Judge: STONE J
Date of judgment: 3 September 2010
Legislation: Corporations Act 2001 (Cth) s 411(1)
Cases cited: Re Arthur Yates & Co Ltd (2001) 36 ACSR 758 Re Cashcard Australia Ltd [2004] FCA 223 Re Equinox Resources Ltd [2004] WASC 114 Wattyl Limited, in the matter of Wattyl Limited [2010] FCA 854
Date of hearing: 3 September 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 23
Counsel for the Plaintiff: F Gleeson SC
Solicitor for the Plaintiff: Chang, Pistilli & Simmons
Counsel for AGL Energy Limited : R M Foreman
Solicitor for AGL Energy Limited: Allens Arthur Robinson Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1064 of 2010
MOSAIC OIL NL ACN 003 329 084
Plaintiff
JUDGE: STONE J
DATE OF ORDER: 3 September 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to subsection 411(1) of the Corporations Act 2001 (Cth) (Act), the Applicant, Mosaic Oil NL (Mosaic), convene a meeting (Scheme Meeting) of the shareholders of Mosaic, other than Excluded Shareholders (Shareholders) for the purpose of considering, and if thought fit, agreeing (with or without modification) to a scheme of arrangement to be made between Mosaic and its Shareholders (Scheme), which is behind tab 4 of Exhibit "ABP-2 " to the affidavit of Alexander Bevan Parks sworn on 1 September 2010 (Scheme Booklet). 2. The Scheme Meeting be held at 10.00 am on 7 October 2010 at The Justice and Police Museum, cnr Albert and Phillip Streets, Circular Quay, Sydney the in the State of New South Wales. 3. David James Herlihy, or failing him, Andrew John Rigg, act as the Chairperson of the Scheme Meeting. 4. The Chairperson appointed to the Scheme Meeting have power to adjourn the Scheme Meeting in his absolute discretion. 5. All voting at the Scheme Meeting be by poll as declared by the Chairperson except for procedural motions. 6. Pursuant to subsection 411(1) of the Act, the Scheme Booklet is approved for distribution to Shareholders. 7. The time by which Shareholders must return their proxy forms, or lodge their electronic proxy forms, for the Scheme Meeting to be no later than 7.00 pm Australian Eastern Daylight Time (AEDT) on 5 October 2010. 8. Shareholders who are eligible to attend and vote at the Scheme Meeting are those whose names are recorded in the register of Shareholders as at 7.00 pm on 5 October 2010. 9. Other than regulations 5.6.13 of the Corporations Regulations 2001 rule 2.15 of the Federal Court (Corporations) Rules 2000 (Rules) shall not apply to the Scheme Meeting. 10. Notice of the hearing of an application pursuant to subsection 411(4)(b) of the Act for orders approving the Scheme be published by an advertisement substantially in the form of Annexure "A" to this order, such advertisement to be published on or before 4 October 2010 in "The Australian" newspaper and that Mosaic otherwise be exempted from compliance with rule 3.4 of the Rules. 11. The Originating Process filed on 18 August 2010 be adjourned to 10.15am on Monday, 11 October 2010. 12. Liberty to apply on 2 days' notice. 13. These orders be entered forthwith.
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