Beadell Resources Limited, in the matter of Beadell Resources Limited [2013] FCA 13

FEDERAL COURT OF AUSTRALIA

Beadell Resources Limited, in the matter of Beadell Resources Limited [2013] FCA 13 Citation: Beadell Resources Limited, in the matter of Beadell Resources Limited [2013] FCA 13

Parties: BEADELL RESOURCES LIMITED (ACN 125 222 291)

File number(s): WAD 330 of 2012

Judges: MCKERRACHER J

Date of judgment: 15 January 2013

Catchwords: CORPORATIONS – application for order under s 1322(4) of the Corporations Act 2001 (Cth) extending time for issuing a cleansing notice pursuant to s 708A(5)(e) in respect of share issues – inadvertent non-compliance

Legislation: Corporations Act 2001 (Cth) ss 708A(5)(e), 1322(4)

Cases cited: Sprint Energy Limited, in the matter of Sprint Energy Limited [2012] FCA 1354

Date of hearing: 11 December 2012

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Ms V Stewart

Solicitor for the Applicant: Middletons

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 330 of 2012

IN THE MATTER OF BEADELL RESOURCES LIMITED (ACN 125 222 291) BETWEEN: BEADELL RESOURCES LIMITED (ACN 125 222 291)

Applicant

JUDGE: MCKERRACHER J DATE OF ORDER: 11 DECEMBER 2012 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. In respect of the 5,000,000 fully paid ordinary shares in the Applicant issued on 29 August 2012 to Macquarie Capital Group Limited ACN 096 705 109 (MCGL) (the August Securities) the period of 5 business days referred to in section 708A(6) of the Corporations Act 2001 (Cth) (Act) be extended to the second business day after the day on which these orders are entered. 2. In respect of the 5,000,000 fully paid ordinary shares in the Applicant issued on 19 October 2012 to Macquarie Bank Limited ACN 008 583 542 (MBL) (the October Securities) the period of 5 business days referred to in section 708A(6) of the Act be extended to the second business day after the day on which these orders are entered. 3. The notice under section 708A(5)(e) of the Act given to ASX Limited ACN 008 624 691 (ASX) in respect of the August Securities within the period provided for in Order 1 be deemed to take effect as if it had been given to ASX within 5 business days of 29 August 2012. 4. The notice under section 708A(5)(e) of the Act given to ASX in respect of the October Securities within the period provided for in Order 2 be deemed to take effect as if it had been given to ASX within 5 business days of 19 October 2012. 5. Confidential annexures GMB1, GMB2, GMB7 and GMB8 to the affidavit of Gregory Michael Barrett sworn 22 November 2012 (confidential annexures) be kept confidential and kept in sealed envelopes on the Court file. 6. Access to the confidential annexures on the Court file be restricted to the Judges of the Federal Court of Australia (Western Australian District Registry) and their Associates. 7. These orders be entered forthwith. 8. For a period of 28 days from the date of the publication by the Applicant of these Orders on the Applicant's website, any person who claims to have suffered substantial injustice or is likely to suffer substantial injustice by the making of any or all of the Orders herein has liberty to apply to vary or to discharge them. 9. A sealed copy of these orders be served on the Australian Securities and Investments Commission, ASX, MCGL and MBL within 2 business days of the date of these orders. A copy of these orders also be placed on the website of the Applicant as soon as practicable and remain there for at least 28 days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011