Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
International Coal Holdings Limited, in the matter of International Coal Holdings Limited (formerly Straits Resources Limited) [2011] FCA 209 Citation: International Coal Holdings Limited, in the matter of International Coal Holdings Limited (formerly Straits Resources Limited) [2011] FCA 209
Parties: INTERNATIONAL COAL HOLDINGS LIMITED (FORMERLY STRAITS RESOURCES LIMITED) (ACN 056 601 417)
File number(s): NSD 1654 of 2010
Judge: JAGOT J
Date of judgment: 3 March 2011
Catchwords: CORPORATIONS – approval of scheme of arrangement
Legislation: Corporations Act 2001 (Cth)
Cases cited: Straits Resources Limited, in the matter of Straits Resources Limited [2010] FCA 1466 Straits Resources Limited, in the matter of Straits Resources Limited (No 2) [2011] FCA 47
Date of hearing: 3 March 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Plaintiff: Mr F Gleeson
Solicitor for the Plaintiff: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1654 of 2010
IN THE MATTER OF INTERNATIONAL COAL HOLDINGS LIMITED (FORMERLY STRAITS RESOURCES LIMITED) (ACN 056 601 417) INTERNATIONAL COAL HOLDINGS LIMITED (FORMERLY STRAITS RESOURCES LIMITED) (ACN 056 601 417)
Plaintiff
JUDGE: JAGOT J DATE OF ORDER: 3 MARCH 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to subsections 411(4)(b) and (6) of the Corporations Act 2001 (Cth) (Corporations Act), the scheme of arrangement (Scheme) between International Coal Holdings Limited (formerly Straits Resources Limited) ACN 056 601 417 (Straits ICH) and the holders of ordinary shares in Straits ICH in the form of the Scheme contained in Annexure G of the Scheme Booklet which was registered with the Australian Securities and Investments Commission on 21 December 2010, be approved subject to altering the reference in Recital B to the number of SRL Shares from "255,203,613" to "255,203,614", so that the Scheme as altered and approved is in the form of Annexure "A" to these Orders. 2. Pursuant to subsection 411(12) of the Corporations Act, Straits ICH be exempted from compliance with subsection 411(11) of the Corporations Act in relation to Order 1. 3. 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.
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