Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ecosave Holdings Limited, in the matter of Ecosave Holdings Limited (No 2) [2015] FCA 1446 Citation: Ecosave Holdings Limited, in the matter of Ecosave Holdings Limited (No 2) [2015] FCA 1446
Parties: ECOSAVE HOLDINGS LIMITED ACN 160 875 016
File number(s): NSD 1100 of 2015
Judge(s): YATES J
Date of judgment: 11 December 2015
Catchwords: CORPORATIONS – schemes of arrangement – second court hearing – approval granted
Legislation: Corporations Act 2001 (Cth) ss 411, 412, 1319, 1322
Cases cited: Mincom Ltd v EAM Software Finance Pty Ltd (2007) 213 FLR 364; [2007] QSC 207 Re Capel Finance Ltd (2005) 54 ACSR 270; [2005] NSWSC 522
Date of hearing: 27 November 2015, 11 December 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 36
Counsel for the Plaintiff: Mr P Cutler
Solicitor for the Plaintiff: HWL Ebsworth Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1100 of 2015
IN THE MATTER OF ECOSAVE HOLDINGS LIMITED acn 160 875 016 ECOSAVE HOLDINGS LIMITED ACN 160 875 016
Plaintiff
JUDGE: YATES J DATE OF ORDER: 11 DECEMBER 2015 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 the plaintiff and its members in the form set out in the scheme booklet, which is Exhibit C in the proceeding (the Scheme Booklet), be approved. 2. Pursuant to s 411(4)(b) of the Act, the scheme of arrangement between the plaintiff and its optionholders in the form set out in the Scheme Booklet be approved. 3. Pursuant to s 411(12) of the Act, the plaintiff be exempted from compliance with the requirements of s 411(11) of the Act. 4. The plaintiff's solicitors shall not seek or obtain payment of professional fees from the plaintiff or any person on its behalf for the court attendances by any lawyer in this proceeding on 1 October, 2 October and 11 December 2015. 5. The plaintiff's solicitors are to give the plaintiff a copy of these orders and a copy of the reasons for making these orders, when published. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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