Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Doctors' Health Fund Limited, in the matter of Doctors' Health Fund Limited [2012] FCA 220 Citation: Doctors' Health Fund Limited, in the matter of Doctors' Health Fund Limited [2012] FCA 220
Parties: DOCTORS' HEALTH FUND LIMITED ACN 001 417 527
File number: NSD 209 of 2012
Judge: JACOBSON J
Date of judgment: 5 March 2012
Legislation: Corporations Act 2001 (Cth), Part 5.1 Private Health Insurance Act 2007 (Cth), s 126-42(5)
Cases cited: Australian Health Management Group Limited, in the matter of Australian Health Management Group Limited (No 1) [2008] FCA 1868 FT Eastment & Sons Pty Limited v Metal Roof Decking Supplies Pty Limited (1977) 3 ACLR 69 MBF Australia Limited, in the matter of MBF Australia Limited [2008] FCA 428 Re APN News & Media Ltd (2007) 62 ACSR 400
Date of hearing: 5 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 27
Counsel for the Plaintiff: Mr M Oakes
Solicitor for the Plaintiff: MacKenzie Thomas
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 209 of 2012
IN THE MATTER OF DOCTORS' HEALTH FUND LIMITED ACN 001 417 527 BETWEEN: DOCTORS' HEALTH FUND LIMITED ACN 001 417 527
Plaintiff
JUDGE: JACOBSON J DATE OF ORDER: 5 MARCH 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 411(1) Corporations Act 2001, the Plaintiff convene a meeting of members of the Plaintiff (Members), for the purpose of considering and, if thought fit, agreeing (with or without modification) to the proposed scheme of arrangement between the Plaintiff and its Members, being the scheme of arrangement substantially in the form of Annexure C to the affidavit of Brian James Thomas sworn 1 March 2012 in the proceeding. 2. The Scheme Booklet substantially in the form behind Tab 3 in Exhibit PMM-1 in the proceeding (Scheme Booklet) be approved for distribution to the Members. 3. The Scheme Booklet be despatched to Members by prepaid post on or before 12 March 2012. 4. The scheme meeting be held at AMA Conference Centre, 69 Christie Street, St Leonards NSW on 4 April 2012 immediately after an extraordinary general meeting of the Plaintiff to be held at the same place at 10.00am. 5. The Plaintiff may determine that those persons who are Members of the Plaintiff as at 10.00am on 2 April 2012 are taken, for the purposes of the scheme meeting, to be Members entitled to vote at the scheme meeting. 6. Patria Maija Mann or, in her absence, Bruce Edward Foy, act as Chair of the scheme meeting. 7. The Chair of the scheme meeting has the power to adjourn such meeting in her or his absolute discretion. 8. Regulations 5.6.12, and 5.6.14 to 5.6.36A, Corporations Regulations 2001 shall not apply to the scheme meeting. 9. The proceeding be stood over to 9:30am on 13 April 2012 before Jacobson J for the hearing of an application to approve the scheme of arrangement. 10. Liberty to restore on two days notice. 11. 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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