Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eastern Star Gas Limited; in the matter of Eastern Star Gas Limited [2011] FCA 1225 Citation: Eastern Star Gas Limited; in the matter of Eastern Star Gas Limited [2011] FCA 1225
Parties: EASTERN STAR GAS LIMITED ACN 094 269 780
File number(s): NSD 1509 of 2011
Judge: JACOBSON J
Date of judgment: 22 September 2011
Legislation: Corporations Act 2001 (Cth), ss 411 and 611
Date of hearing: 22 September 2011
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 12
Counsel for the Plaintiff: Mr M Oakes SC with Mr M Izzo
Solicitor for the Plaintiff: Piper Alderman
Counsel for Santos Ltd Mr DFC Thomas
Solicitor for Santos Ltd Freehills
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1509 of 2011
IN THE MATTER OF EASTERN STAR GAS LIMITED BETWEEN: EASTERN STAR GAS LIMITED ACN 094 269 780
Plaintiff
JUDGE: JACOBSON J DATE OF ORDER: 22 SEPTEMBER 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to Section 411(1) of the Corporations Act 2001 (Cth) (the Act), the Plaintiff convene a meeting of the members of the Plaintiff other than Excluded Shareholders as defined in the proposed Scheme of Arrangement (Scheme Meeting) for the purpose of considering and, if thought fit, agreeing (with or without modification) to a scheme of arrangement proposed to be made between the Plaintiff and its Members, being the scheme substantially in the form set out in Annexure B of Exhibit 1 in the proceeding (Exhibit 1). 2. The Scheme Meeting be held at the Grand Ballroom No 2, Shangri-La Hotel, 176 Cumberland Street, The Rocks, Sydney, New South Wales 2000 on 28 October 2011 to commence at 10.00 am Sydney Time. 3. The Hon. John Anderson, or failing him, Dr David William King, be chairman of the Scheme Meeting. 4. The chairman appointed to the Scheme Meeting has the power to adjourn the meeting in his absolute discretion. 5. Regulations 5.6.12 and 5.6.14 to 5.6.36A of the Corporations Regulations 2001 (Cth) shall not apply to the Scheme Meeting. 6. Pursuant to subsection 411(1) of the Act, the explanatory statement contained in Exhibit 1 be approved for distribution to members. 7. Notice of the hearing of an application pursuant to subsection 411(4)(b) of the Act for orders approving the scheme of arrangement be published by an advertisement substantially in the form of Annexure A to these orders, such advertisement to be published on or before 27 October 2011, and the Plaintiff be otherwise exempted from compliance with rule 3.4 of the Federal Court (Corporations) Rules 2000 (Cth). 8. The proceedings are stood over to 10.15am on 2 November 2011 before Jacobson J with liberty to apply at two days' notice. 9. These orders be entered forthwith. Note: Settlement and entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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