Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ITX Group Pty Limited, in the matter of ITX Group Pty Limited [2010] FCA 1241 Citation: ITX Group Pty Limited, in the matter of ITX Group Pty Limited [2010] FCA 1241
Parties: ITX GROUP PTY LIMITED ACN 107 656 833
File number: NSD 1345 of 2010
Judge: EMMETT J
Date of judgment: 21 October 2010
Legislation: Corporations Act 2001 (Cth) ss 411 & 412
Date of hearing: 20 October 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 29
Counsel for the Applicant: M. Oakes SC
Solicitor for the Applicant: Norton Rose
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1345 of 2010
IN THE MATTER OF ITX GROUP PTY LIMITED ACN 107 656 833 ITX GROUP PTY LIMITED ACN 107 656 833
JUDGE: EMMETT J DATE OF ORDER: 20 OCTOBER 2010 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 411(1) of the Corporations Act 2001 (Cth) (the Act): (a) The plaintiff, itX Group Limited (itX) convene a meeting (the Scheme Meeting) of the ordinary shareholders in itX (the itX Shareholders), for the purpose of considering and, if thought fit, approving a scheme of arrangement (with or without modification) proposed to be made between itX and itX Shareholders, the terms of which are contained in section 3 of the scheme booklet which is Exhibit 1 in this proceeding (the Scheme Booklet); (b) The Scheme Meeting be held on Monday, 29 November 2010 at the later of 12:00 pm and the conclusion or adjournment of the Annual General Meeting in the Adelaide Room at Level 4, Sofitel Wentworth, Phillip Street, Sydney in the state of New South Wales; (c) Dinshaw Katrak or failing him Laurence Sellers, act as Chairman of the Scheme Meeting; (d) The Chairman have the power to adjourn the Scheme Meeting for such time as the Chairman considers appropriate; and (e) The Explanatory Statement compromising the Scheme Booklet be approved for distribution to itX Shareholders. 2. Rule 2.15 of the Federal Court (Corporations) Rules 2000 (Cth) shall not apply to the Scheme Meeting, except in so far as that rule applies Regulation 5.6.13 of the Corporations Regulations 2001 (Cth). 3. Notice of the hearing of any application for an order approving the scheme be published once in "The Australian" newspaper by an advertisement substantially in the form of "Annexure A" to these orders, such advertisement to be published on or before 23 November 2010. 4. The proceeding be adjourned to Thursday, 2 December 2010 at 2:15 pm for hearing of any application to approve the 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 Federal Law Search on the Court's website. ANNEXURE "A" itX GROUP LIMITED Notice of Hearing to Approve Arrangement TO all creditors and members of itX GROUP LIMITED ACN 145 620 293 (itX) TAKE NOTICE that at 2:15pm on 2 December 2010, the Federal Court of Australia at Law Courts Building, Queens Square, Sydney NSW 2000 will hear an application by itX seeking the approval of the arrangement between itX and its shareholders if agreed to by resolution to be considered, and, if thought fit, passed (with or without modification) by the meeting of shareholders to be held in the Adelaide Room, Level 4, Sofitel Wentworth, Phillip Street, Sydney, New South Wales at 12:00pm on Monday 29 November 2010 (Sydney time). If you wish to oppose the approval of the above arrangement, you must file and serve on itX a Notice of Appearance, in the prescribed form, together with any Affidavit on which you wish to rely on at the hearing. The Notice of Appearance and Affidavit must be served on itX at its address for service by no later than 5.00pm on 1 December 2010. The address for service of itX is, c/o Norton Rose Australia, 225 George Street, Sydney NSW 2000 (Reference: Shaun Clyne). ________________________ Company Secretary IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1345 of 2010
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