Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nexbis Limited, in the matter of Nexbis Limited [2012] FCA 487 Citation: Nexbis Limited, in the matter of Nexbis Limited [2012] FCA 487
Parties: NEXBIS LIMITED (ABN 81 071 275 253)
File number(s): NSD 586 of 2012
Judge: JAGOT J
Date of judgment: 9 May 2012
Legislation: Corporations Act 2001 (Cth)
Cases cited: Orion Telecommunications Ltd [2007] FCA 1389 Re APN News & Media Ltd (2007) 62 ACSR 400
Date of hearing: 9 May 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 18
Counsel for the Plaintiff: Mr RM Foreman
Solicitor for the Plaintiff: Norton Rose Australia
Counsel for Agathis Three Pte Ltd: Mr M Oakes SC
Solicitor for Agathis Three Pte Ltd: Baker & McKenzie
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 586 of 2012
IN THE MATTER OF NEXBIS LIMITED (ABN 81 071 275 253) NEXBIS LIMITED (ABN 81 071 275 253)
Plaintiff
JUDGE: JAGOT J DATE OF ORDER: 9 MAY 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to subsection 411(1) of the Corporations Act 2001 (Act) the Plaintiff, Nexbis Limited (Nexbis), convene a meeting (Scheme Meeting) of its shareholders (Nexbis Shareholders) for the purpose of considering, and if thought fit, agreeing (with or without modification) to a scheme of arrangement between Nexbis and the Nexbis Shareholders (Scheme) substantially in the form contained in the explanatory statement in relation to the Scheme at Exhibit 1 (Scheme Booklet). 2. The Scheme Meeting to be held on 18 June 2012 at 10 am at the offices of Norton Rose Australia, Level 18, 225 George Street, Sydney, New South Wales. 3. Mohamed Al Amin Bin Abdul Majid, or failing him, Peter James Dykes act as Chairperson of the Scheme Meeting. 4. The Chairperson appointed to the Scheme meeting have power to adjourn the Scheme Meeting in his absolute discretion. 5. All voting at the Scheme Meeting be by poll as declared by the Chairperson, except for procedural motions. 6. Pursuant to section 411(1) of the Act, the Scheme Booklet be approved for distribution to Nexbis Shareholders. 7. Other than regulation 5.6.13 of the Corporations Regulations 2001, rule 2.15 of the Federal Court (Corporations) Rules 2000 (Rules) shall not apply to the Scheme Meetings. 8. Notice of the hearing of an application pursuant to section 411(4)(b) of the Act for orders approving the Scheme be published by an advertisement substantially in the form of Annexure "A" to this order, such advertisement to be published on or before 15 June 2012 in "The Australian" newspaper, and that Nexbis otherwise be exempted from compliance with rule 3.4 of the Rules. 9. The Originating Process filed 23 April 2012 be adjourned to 22 June 2012 at 9.30 a.m. 10. There be liberty to apply on 2 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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