Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aston Resources Limited, in the matter of Aston Resources Limited (No 2) [2012] FCA 401 Citation: Aston Resources Limited, in the matter of Aston Resources Limited (No 2) [2012] FCA 401
Parties: ASTON RESOURCES LIMITED ABN 91 129 361 208
File number: NSD 255 of 2012
Judges: JACOBSON J
Date of judgment: 18 April 2012
Legislation: Corporations Act 2001 (Cth), s 411
Cases cited: Re Central Pacific Minerals NL [2002] FCA 239 Re Permanent Trustee Co Limited (2002) 43 ASCR 601 Re Simeon Wines Limited (2002) 42 ACSR 454
Date of hearing: 18 April 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 17
Counsel for the Plaintiff: Mr P Wood with Mr J Williams
Solicitor for the Plaintiff: Freehills
Counsel for Whitehaven: Mr P Brereton SC
Counsel for the Whitehaven: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 255 of 2012
IN THE MATTER OF ASTON RESOURCES LIMITED BETWEEN: ASTON RESOURCES LIMITED ABN 91 129 361 208
Plaintiff
JUDGE: JACOBSON J DATE OF ORDER: 18 APRIL 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to subsection 411(4)(b) of the Corporations Act 2001 (Cth) (Corporations Act), the scheme of arrangement between the Plaintiff and its ordinary shareholders (other than Whitehaven Coal Limited (Whitehaven) or any of its associates or any person who holds shares in the Plaintiff on behalf of, or for the benefit of, Whitehaven or any of its associates) (a copy of which is annexed to these orders and marked 'A') (Scheme) be approved. 2. Pursuant to section 411(12) of the Corporations Act, the Plaintiff be exempted from compliance with section 411(11) of the Corporations Act in relation to the Scheme. 3. These Orders be entered forthwith. The Court notes that Whitehaven will rely on the Court's approval of the Scheme for the purpose of qualifying for exemption from the registration requirements of the U.S. Securities Act of 1933, provided for by section 3(a)(10) of that Act, in connection with the implementation of, and provision of consideration under, the Scheme. Note: Entry of orders is dealt with in rule 39.32 of the Federal Court Rules 2011. ANNEXURE A
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