Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ross Human Directions Limited, in the matter of Ross Human Directions Limited (No 3) [2010] FCA 1400
Citation: Ross Human Directions Limited, in the matter of Ross Human Directions Limited (No 3) [2010] FCA 1400
Parties: ROSS HUMAN DIRECTIONS LIMITED (ACN 003 758 709)
File number(s): NSD 1245 of 2010
Judge: JACOBSON J
Date of judgment: 8 December 2010
Catchwords: CORPORATIONS – scheme of arrangement – scheme cancelled – scheme meeting opened and adjourned – order sought for dissolution of scheme meeting
Legislation: Corporations Act 2001 (Cth) ss 411, 1319
Cases cited: Re Anzon Energy Limited (No 2) (2008) 66 ACSR 355 followed Re Australian Gas Light Company (2006) 57 ACSR 67 followed Re White Energy Co Limited [2009] FCA 1424 followed Ross Human Directions Limited, in the matter of Ross Human Directions Limited [2010] FCA 1089 cited
Date of hearing: 8 December 2010
Date of last submissions: 8 December 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Counsel for the Plaintiff: Mr T Bathurst QC
Solicitor for the Plaintiff: Gilbert + Tobin
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1245 of 2010
IN THE MATTER OF ROSS HUMAN DIRECTIONS LIMITED (ACN 003 758 709) ROSS HUMAN DIRECTIONS LIMITED (ACN 003 758 709)
Plaintiff
JUDGE: JACOBSON J
DATE OF ORDER: 8 DECEMBER 2010
WHERE MADE: SYDNEY
THE COURT NOTES THAT: 1. At approximately 11am on 25 November 2010, Ross Human Directions Limited (ACN 003 758 709) ("RHD") re-opened the RHD Scheme Meeting (as defined in order 1(a) of Justice Jacobson on 1 October 2010 (as amended on 8 October 2010)) at Room 5, Level 4, Hilton Hotel, 488 George Street, Sydney, New South Wales. 2. At the RHD Scheme Meeting on 25 November 2010, a motion was passed to adjourn the RHD Scheme Meeting to 2.30pm on 16 December 2010 at Room 5, Level 4, Hilton Hotel, 488 George Street, Sydney, New South Wales, or at such other venue as advised by RHD. 3. On 6 December 2010, RHD and Peoplebank Holdings Pty Limited ("Peoplebank") entered into a Deed of Termination and Release, under which Peoplebank terminated the Scheme Implementation Agreement between RHD and Peoplebank dated 19 July 2010 (as amended on 9, 13, 29 and 30 September 2010). THE COURT ORDERS THAT: 1. The meeting convened by RHD pursuant to order 1(a) of this Court made on 1 October 2010 (as amended on 8 October 2010), adjourned on 11 November 2010, re-opened on 25 November 2010 and adjourned on 25 November 2010 to 16 December 2010 at 2:30 pm by the chairperson, be dissolved and not be resumed. 2. On or before 10 December 2010, RHD publicly announce on ASX Limited the cancellation of the RHD Scheme Meeting. 3. The proceeding be otherwise dismissed.
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