Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Industrea Limited, in the matter of Industrea Limited [2012] FCA 1090 Citation: Industrea Limited, in the matter of Industrea Limited [2012] FCA 1090
Parties: INDUSTREA LIMITED ACN 010 720 117
File number: NSD 1465 of 2012
Judge: JAGOT J
Date of judgment: 4 October 2012
Legislation: Corporations Act 2001 (Cth)
Date of hearing: 4 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 7
Counsel for the Plaintiff: Mr F Gleeson SC and Ms V Whittaker
Solicitor for the Plaintiff: Norton Rose Australia
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1465 of 2012
in the matter of INDUSTREA LIMITED ACN 010 720 117 INDUSTREA LIMITED ACN 010 720 117
Plaintiff
JUDGE: JAGOT J DATE OF ORDER: 4 OCTOBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 411(1) of the Corporations Act 2001 (Cth) (Act): 1.1 The Plaintiff, Industrea Limited (Industrea) convene a meeting (Scheme Meeting) of the holders of ordinary shares in Industrea (Industrea Shareholders), for the purpose of considering and, if thought fit, approving a Scheme of Arrangement (with or without modification) proposed to be made between Industrea and Industrea Shareholders, the terms of which are contained at Annexure B to the Scheme Booklet which is Exhibit 1 in these proceedings (Scheme Booklet); 1.2 The Scheme Meeting be held on Monday, 12 November 2012 at 10:00am at the Edinburgh Room, Level 4, Brisbane Club, 241 Adelaide Street, Brisbane in the State of Queensland. 1.3 The Honourable David Bedall or failing him Robin Levinson, act as Chairman of the Scheme Meeting; 1.4 The Chairman have the power to adjourn the Scheme meeting for such time that the Chairman considers appropriate; 1.5 The Explanatory Statement compromising the Scheme Booklet together with a cover letter which is Exhibit 2 in these proceedings are approved for distribution to the Industrea Shareholders; and 2. Rule 2.15 of the Federal Court (Corporations) Rules 2000 (Cth) shall not apply to the Scheme Meeting, except in so far as that rule applies Regulation 5.6.13 of the Corporations Regulations 2011 (Cth). 3. Notice of the hearing of any application for an order approving the Scheme be published once in "The Australian" newspaper by an advertisement substantially in the form of "Annexure A" to these Orders, such advertisement to be published on or before 7 November 2012 and Industrea be otherwise exempted from compliance with Rule 3.4 of the Federal Court (Corporations) Rules 2000 (Cth). 4. The document at tab 1 of Confidential Exhibit RL2 to be treated as confidential and may only be used for the purposes of the Proceeding. Access to this document be limited to the following persons: 4.1 any legal representatives of the plaintiff; 4.2 any judge, employee or other personnel of this Court; and 4.3 any person associated with recording transcript at any hearing in the Proceeding. 5. The proceedings be adjourned to 15 November 2012 at 9:15am before Jagot J for hearing of any application to approve the Scheme. 6. 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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