Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coal & Allied Industries Limited, in the matter of Coal & Allied Industries Limited [2011] FCA 1379 Citation: Coal & Allied Industries Limited, in the matter of Coal & Allied Industries Limited [2011] FCA 1379
Parties: COAL & ALLIED INDUSTRIES LIMITED ACN 008 416 760
File number: NSD 1744 of 2011
Judge: EDMONDS J
Date of judgment: 30 November 2011
Legislation: Corporations Act 2001 (Cth) ss 411, 1322
Date of hearing: 30 November 2011
Place: Sydney
Division: GENERAL DIVISION
Number of paragraphs: 3
Counsel for the Plaintiff: Mr IM Jackman SC
Solicitor for the Plaintiff: Gilbert & Tobin
Counsel for Hunter Valley Resources Pty Ltd: Mr JRJ Lockhart SC
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1744 of 2011
IN THE MATTER OF COAL & ALLIED INDUSTRIES LIMITED ACN 008 416 760 COAL & ALLIED INDUSTRIES LIMITED
ACN 008 416 760
Plaintiff
JUDGE: EDMONDS J DATE OF ORDER: 30 NOVEMBER 2011 WHERE MADE: SYDNEY
THE COURT DECLARES THAT: 1. Pursuant to s 1322(4)(a) of the Corporations Act 2001 (Cth) (the Act), the resolution passed by the holders of fully-paid ordinary shares in Coal & Allied Industries Limited ACN 008 416 760 (CNA) at the general meeting held on 28 November 2011 was not invalid by reason of CNA's having given nineteen of its shareholders 27 days' notice of the general meeting. 2. Pursuant to 1322(4)(a) of the Act, the resolution passed by the holders of fully-paid ordinary shares in CNA excluding the Excluded Shareholders (as defined in Order 3) at the scheme meeting held on 28 November 2011 was not invalid by reason of CNA's having given nineteen of its shareholders 27 days' notice of the scheme meeting. THE COURT ORDERS THAT: 3. Pursuant to s 411(4)(b) of the Act, the scheme of arrangement between CNA and the holders of fully-paid ordinary shares in CNA (excluding Australian Coal Holdings Pty Limited ACN 000 066 491, Mitsubishi Development Pty Ltd ACN 009 779 873, Hunter Valley Resources Pty Ltd ACN 151 471 242 and their Related Bodies Corporate (together the Excluded Shareholders)) as at 7 pm on the seventh business day following the date on which the proposed scheme becomes effective, in the form set out in annexure 'A' to these orders, be approved. 4. Pursuant to s 411(12) of the Act, the requirements of s 411(11) of the Act be dispensed with. 5. These Orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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