Endocoal Limited, in the matter of Endocoal Limited (No 2) [2013] FCA 412

FEDERAL COURT OF AUSTRALIA

Endocoal Limited, in the matter of Endocoal Limited (No 2) [2013] FCA 412 Citation: Endocoal Limited, in the matter of Endocoal Limited (No 2) [2013] FCA 412

Parties: ENDOCOAL LIMITED (ACN 132 183 281)

File number: NSD 2085 of 2012

Judge: YATES J

Date of judgment: 9 May 2013

Catchwords: CORPORATIONS - scheme of arrangement – second hearing - approval

Legislation: Corporations Act 2001 (Cth)

Cases cited: Endocoal Limited, in the matter of Endocoal Limited [2013] FCA 58

Date of hearing: 8 March, 19 April 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 10

Counsel for the Plaintiff: Mr M Oakes SC

Solicitor for the Plaintiff: Gilbert + Tobin

Solicitor for U & D Mining Industry (Australia) Pty Ltd Minter Ellison

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2085 of 2012

IN THE MATTER OF ENDOCOAL LIMITED (ACN 132 183 281)

ENDOCOAL LIMITED (ACN 132 183 281)

Plaintiff

JUDGE: YATES J DATE OF ORDER: 19 APRIL 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 between Endocoal Limited (ACN 132 183 281) (Endocoal) and the holders of fully paid ordinary shares in Endocoal, in the form of Exhibit 2 in the proceeding, be approved. 2. The plaintiff lodge with the Australian Securities and Investments Commission a copy of the approved scheme of arrangement at the time of lodging a copy of these orders. 3. Pursuant to s 411(2) of the Act, the requirements of s 411(11) of the Act be dispensed with. 4. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.