Industrea Limited, in the matter of Industrea Limited (No 2) [2012] FCA 1287

FEDERAL COURT OF AUSTRALIA

Industrea Limited, in the matter of Industrea Limited (No 2) [2012] FCA 1287 Citation: Industrea Limited, in the matter of Industrea Limited (No 2) [2012] FCA 1287

Parties: INDUSTREA LIMITED ACN 010 720 117

File number: NSD 1465 of 2012

Judge: JAGOT J

Date of judgment: 15 November 2012

Legislation: Corporations Act 2001 (Cth)

Date of hearing: 15 November 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: 15 NOVEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 411(4)(b) of the Corporations Act 2001 (Cth) (Act), the scheme of arrangement between Industrea Limited (Industrea) and its shareholders, in the form contained in Annexure B to the Scheme Booklet which is Exhibit 1 in the proceedings (Scheme), be approved subject to altering the definition of "Deed Poll" in clause 1.1 of the Scheme by deleting "[insert date]" and inserting "2 October 2012", so that the Scheme is altered and approved in the form of Annexure A to these orders. 2. Pursuant to section 411(12) of the Act, Industrea be exempted from compliance with section 411(11) of the Act in respect of the Scheme. 3. These Orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.