Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ludowici Limited, in the matter of Ludowici Limited [2012] FCA 489 Citation: Ludowici Limited, in the matter of Ludowici Limited [2012] FCA 489
Parties: LUDOWICI LIMITED ACN 000 001 365
File number: NSD 483 of 2012
Judge: EMMETT J
Date of judgment: 4 April 2012
Legislation: Corporations Act 2001 (Cth) s 411
Date of hearing: 4 April 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 19
Counsel for the plaintiff: F Gleeson SC
Solicitor for the plaintiff: Gilbert + Tobin
Counsel for FLSmidth Pty Ltd: M Oakes SC
Solicitor for FLSmidth Pty Ltd: Ashurst Australia
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 483 of 2012
IN THE MATTER OF LUDOWICI LIMITED LUDOWICI LIMITED ACN 000 001 365
Plaintiff
JUDGE: EMMETT J DATE OF ORDER: 4 APRIL 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 411(1) of the Corporations Act 2001 (Cth) (the Act): a) The Plaintiff, Ludowici Limited (ACN 000 001 365) (Ludowici) convene a meeting (Scheme Meeting) of all holders of shares in Ludowici (Scheme Shareholders) for the purpose of considering and, if thought fit, agreeing (with or without modification) to a scheme of arrangement (the Scheme) proposed to be made between Ludowici and Scheme Shareholders, being the Scheme substantially in the form of the draft, a copy of which is at Attachment C of Exhibit RLB-7 to the affidavit of Rachael Lindy Bassil affirmed on 3 April 2012 as amended by Exhibit RLB- 14 to the affidavit of Rachael Lindy Bassil affirmed 4 April 2012 (Scheme Booklet); b) The Scheme Meeting be held at 10:30am on 31 May 2012 at the offices of Gilbert + Tobin, Level 37, 2 Park Street, Sydney, New South Wales; and c) The Scheme Booklet, substantially in the form that is Exhibit RLB-7 as amended by Exhibit RLB-14, be approved for distribution to Scheme Shareholders. 2. Pursuant to section 1319 of the Act: a) Ludowici may determine that, for the purposes of the Scheme Meeting, all the shares in Ludowici be taken to be held by the person, persons or bodies corporate who held them as at 7pm on 29 May 2012, in accordance with the register held and maintained by Computershare Investor Services Pty Limited (Computershare); b) The Chairman of the Scheme Meeting be Phillip James Arnall, or in his absence Patrick John Largier; c) The Chairman of the Scheme Meeting may adjourn the Scheme Meeting in his absolute discretion; and d) Other than Regulation 5.6.13 of the Corporations Regulations 2001 (Cth), Regulations 5.6.11 to 5.6.36A (inclusive) shall not apply to the Scheme Meeting. 3. The proceeding be stood over to 8 June 2012, at not before 11.00am, for the hearing of any application to approve the Scheme. 4. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate