Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alchemia Limited, in the matter of Alchemia Limited (No 2) [2012] FCA 1136 Citation: Alchemia Limited, in the matter of Alchemia Limited (No 2) [2012] FCA 1136
Parties: ALCHEMIA LIMITED (ACN 071 666 334)
File number: NSD 1132 of 2012
Judge: YATES J
Date of judgment: 17 October 2012
Catchwords: CORPORATIONS – scheme of arrangement – demerger – approval
Legislation: Corporations Act 2001 (Cth)
Cases cited: Independent Practitioner Network Ltd, in the matter of Independent Practitioner Network Ltd (No 2) (2008) 26 ACLC 1,249 Re Mosaic Oil NL (No 2) (2010) 80 ACSR 281 Straits Resources Limited, in the matter of Straits Resources Limited (No 2) [2011] FCA 47
Date of hearing: 17 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Plaintiff: Mr F Gleeson SC
Solicitor for the Plaintiff: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1132 of 2012
IN THE MATTER OF ALCHEMIA LIMITED (ACN 071 666 334) BETWEEN: ALCHEMIA LIMITED (ACN 071 666 334)
Plaintiff
JUDGE: YATES J DATE OF ORDER: 17 OCTOBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to subsection 411(4)(b) and (6) of the Corporations Act 2001 (Cth) (Corporations Act), the scheme of arrangement between the Plaintiff, Alchemia Limited (ACN 071 666 334) (Alchemia), and the holders of ordinary shares in Alchemia in the form of the Scheme contained in Annexure D of the Scheme Booklet which is Exhibit 1 in this proceeding, be approved subject to altering clause 3.1(j) by deleting "before 8.00 am on the Second Court Date" and inserting "the making of the Scheme Order", so that the Scheme as altered and approved is in the form of Annexure "A" to these Orders. 2. Pursuant to subsection 411(12) of the Corporations Act, Alchemia be exempted from compliance with subsection 411(11) of the Corporations Act in relation to Order 1. 3. These orders to be entered forthwith. Note: Settlement and entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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