Sinclair Knight Merz Pty Limited, in the matter of Sinclair Knight Merz Pty Limited (No 2) [2013] FCA 32

FEDERAL COURT OF AUSTRALIA

Sinclair Knight Merz Pty Limited, in the matter of Sinclair Knight Merz Pty Limited (No 2) [2013] FCA 32 Citation: Sinclair Knight Merz Pty Limited, in the matter of Sinclair Knight Merz Pty Limited (No 2) [2013] FCA 32

Parties: SINCLAIR KNIGHT MERZ PTY LIMITED (ACN 001 024 095)

File number: NSD 1836 of 2012

Judge: YATES J

Date of judgment: 30 January 2013

Catchwords: CORPORATIONS – creditors' scheme of arrangement – approval

Legislation: Corporations Act 2001 (Cth)

Date of hearing: 30 January 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 8

Counsel for the Plaintiff: Mr F Gleeson SC and Mr A d'Arville

Solicitor for the Plaintiff: Jones Day

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1836 of 2012

IN THE MATTER OF SINCLAIR KNIGHT MERZ PTY LIMITED (ACN 001 024 095) SINCLAIR KNIGHT MERZ PTY LIMITED (ACN 001 024 095)

Plaintiff

JUDGE: YATES J DATE OF ORDER: 30 JANUARY 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (the Act) the scheme of arrangement made between the Plaintiff and its Scheme Creditors (Scheme), a copy of which is annexed hereto and marked 'A', is approved. 2. Pursuant to s 411(12) of the Act, the Plaintiff is exempted from compliance with s 411(11) of the Act, in relation to the Scheme. 3. Publication in The Australian newspaper on 22 January 2013 of the notice of today's hearing, as deposed to in the affidavit of Weyinmi Popo sworn on 29 January 2013, be taken to be publication for the purposes of r 3.4 of the Federal Court (Corporations) Rules 2000 (Cth). 4. 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.