Western Desert Resources Limited, in the matter of Western Desert Resources Limited [2012] FCA 596

FEDERAL COURT OF AUSTRALIA

Western Desert Resources Limited, in the matter of Western Desert Resources Limited [2012] FCA 596 Citation: Western Desert Resources Limited, in the matter of Western Desert Resources Limited [2012] FCA 596

Parties: WESTERN DESERT RESOURCES LIMITED ACN 122 301 848

File number: SAD 114 of 2012

Judge: LANDER J

Date of judgment: 4 June 2012

Date of hearing: 4 June 2012

Place: Adelaide

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 18

Counsel for the Plaintiff: Mr B Roberts

Solicitor for the Plaintiff: Kelly & Co

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 114 of 2012

IN THE MATTER OF WESTERN DESERT RESOURCES LIMITED ACN 122 301 848 BETWEEN: WESTERN DESERT RESOURCES LIMITED

ACN 122 301 848

Plaintiff

JUDGE: LANDER J DATE OF ORDER: 4 JUNE 2012 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. In respect of the 5 million fully paid ordinary shares in the Plaintiff issued on or about 13 March 2012 (direct placement shares): 1.1 the period of 5 business days referred to in s 708A(6)(a) and s 1012DA(6)(a) of the Corporations Act 2001 (Cth) ('the Act') be extended to the second business day after the day on which these orders are entered; and 1.2 the notice under s 708A(5)(e) and s 1012DA(5)(e) of the Act given to ASX Limited (ASX) in respect of the direct placement shares within the period provided for in Order 1.1 be deemed to take effect as if it had been given to ASX on 16 March 2012. 2. In respect of the 5 million fully paid ordinary shares in the Plaintiff issued on or about 16 March 2012 (Macquarie placement shares): 2.1 the period of 5 business days referred to in s 708A(6)(a) and s 1012DA(6)(a) of the Act be extended to the second business day after the day on which these orders are entered; and 2.2 the notice under s 708A(5)(e) and s 1012DA(5)(e) of the Act given to ASX in respect of the Macquarie placement shares within the period provided for in Order 2.1 be deemed to take effect as if it had been given to ASX on 19 March 2012. 3. These orders be entered forthwith. 4. A sealed copy of these orders be served on the Australian Securities & Investments Commission, ASX, each person named in Annexure 'LA4' of the Affidavit of Laurence Ackroyd sworn on 30 May 2012 (Ackroyd Affidavit), Macquarie Equities Ltd and each person named in Annexure 'LA7' of the Ackroyd Affidavit within two business days of the date of these orders. A copy of these orders also be placed on the website of the Plaintiff as soon as practicable and remain there for at least 28 days. 5. Any interested party have liberty to apply within 28 days of the entry of these orders to revoke or vary these orders. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.