Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nexus Energy Ltd, in the matter of Nexus Energy Ltd [2014] FCA 558 Citation: Nexus Energy Ltd, in the matter of Nexus Energy Ltd [2014] FCA 558
Parties: NEXUS ENERGY LIMITED (ACN 058 818 278)
File number: WAD 89 of 2014
Judge GILMOUR J
Date of judgment: 28 May 2014
Catchwords: CORPORATIONS – scheme of arrangement – plaintiff seeks orders pursuant to s 1319 of the Corporations Act 2001 (Cth) – orders for dispatch of additional material to shareholders
Legislation: Corporations Act 2001 (Cth) s 1319
Cases cited: Re Cellestis Limited (No 2) [2011] VSC 329 Re Australian Gas Light Company (2006) 57 ACSR 67 In the matter of Lend Lease Primelife Ltd; In the matter of Lend Lease Villages Responsible Entity Ltd (2009) 27 ACLC 1,831
Date of hearing: Determined on the papers
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Plaintiff: Mr SK Dharmananda SC with Mr AJ Papamatheos
Solicitor for the Plaintiff: Allen & Overy
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 89 of 2014
IN THE MATTER OF NEXUS ENERGY LIMITED ACN 058 818 278 NEXUS ENERGY LIMITED (ACN 058 818 278)
Plaintiff
JUDGE: GILMOUR J DATE OF ORDER: 28 MAY 2014 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The supplementary disclosure being the document marked "LDM2" to the affidavit of Lucio Della Martina affirmed on 23 May 2014 (Supplementary Disclosure), be and is approved for distribution to the plaintiff's shareholders. 2. Nexus Energy Limited (Nexus) is to dispatch to each Nexus shareholder a copy of the Supplementary Disclosure by: (a) ordinary pre-paid post to the address on the Nexus register of members maintained by Computershare Investor Services Pty Limited; or (b) the nominated notification means in accordance with section 249J of the Corporations Act 2001 (Cth). 3. Dispatch of the documents referred to in paragraph 2 of these Orders in accordance with the stated delivery methods on or before 29 May 2014 is to be taken to be sufficient notice for the meeting convened by the Court for the purposes of considering the scheme of arrangement between Nexus and its shareholders to be held on 12 June 2014 at 11.00am (Melbourne time) in Promenade Rooms 2 & 3 of the Crown Promenade Hotel at Level 1, 8 Whiteman Street, Southbank, Victoria. 4. The plaintiff is to lodge an office copy of these Orders with the Australian Securities and Investments Commission (ASIC) as soon as practicable after these orders are made. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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