Recall Holdings Limited, in the matter of Recall Holdings Limited (No 2) [2016] FCA 419

FEDERAL COURT OF AUSTRALIA

Recall Holdings Limited, in the matter of Recall Holdings Limited (No 2) [2016] FCA 419 File number: NSD 1230 of 2015

Judge: YATES J

Date of judgment: 21 April 2016

Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – application for approval

Legislation: Corporations Act 2001 (Cth) ss 411, 412 Securities Act of 1933 (US) s 3

Cases cited: Recall Holdings Limited, in the matter of Recall Holdings Limited [2015] FCA 1142

Date of hearing: 21 April 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 15

Counsel for the Plaintiff: Mr IM Jackman SC

Solicitor for the Plaintiff: Allens

Counsel for Iron Mountain Incorporated: Mr P Brereton SC

Solicitor for Iron Mountain Incorporated: Minter Ellison

ORDERS NSD 1230 of 2015 IN THE MATTER OF RECALL HOLDINGS LIMITED (ABN 27 116 537 832) RECALL HOLDINGS LIMITED (ABN 27 116 537 832) Plaintiff

JUDGE: YATES J DATE OF ORDER: 21 APRIL 2016

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 (the scheme), in the form contained in Appendix 4 of the scheme booklet issued by the plaintiff and dated 23 October 2015, being Exhibit 1 in the proceeding, be approved. 2. The plaintiff lodge with the Australian Securities and Investments Commission a copy of the approved scheme at the time of lodging a copy of these orders. 3. Pursuant to s 411(12) of the Act, the plaintiff be exempted from compliance with s 411(11) of the Act in relation to the scheme. 4. The plaintiff be granted liberty to apply.