Altius Mining Limited v Sakura Capital Limited [2012] FCA 13

FEDERAL COURT OF AUSTRALIA

Altius Mining Limited v Sakura Capital Limited [2012] FCA 13 Citation: Altius Mining Limited v Sakura Capital Limited [2012] FCA 13

Parties: ALTIUS MINING LIMITED (ABN 35 126 540 547) v SAKURA CAPITAL LIMITED, KIT FOO CHYE and JANNIE CHAN SIEW LEE

File number: VID 31 of 2012

Judge: MURPHY J

Date of judgment: 13 January 2012

Date of hearing: 12 January 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 30

Counsel for the Applicant: Mr D Crennan

Solicitor for the Applicant: TressCox Lawyers

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 31 of 2012

BETWEEN: ALTIUS MINING LIMITED (ABN 35 126 540 547)

Applicant

AND: SAKURA CAPITAL LIMITED

First Respondent

KIT FOO CHYE

Second Respondent

JANNIE CHAN SIEW LEE

Third Respondent

JUDGE: MURPHY J DATE OF ORDER: 13 JANUARY 2012 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Annual General Meeting of Altius Mining Limited be adjourned from 11 am, 16 January 2012 until 9 am, 6 February 2012 at Level 23 South Tower, 525 Collins Street, Melbourne Victoria. 2. The Applicant urgently amend its proceedings to seek, in the alternative, the cancellation of two million shares held by the First Respondent or by the Second Respondent, and to serve those proceedings on the First and Second Respondent forthwith. 3. The proceedings as amended be treated as urgent and be listed for hearing before 6 February 2012 if the other business of the Court so allows, on an estimate of a half day hearing. 4. Costs Reserved. 5. Liberty to Apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 31 of 2012