Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PAYCE Consolidated Limited; In the Matter of PAYCE Consolidated Limited (No 2) [2016] FCA 1413 File number: NSD 1575 of 2016
Judge: FOSTER J
Date of Judgment: 3 November 2016
Date of Orders: 3 November 2016
Date of Publication of Reasons: 24 November 2016
Legislation: Corporations Act 2001 (Cth), s 411
Cases cited: PAYCE Consolidated Limited; In the Matter of PAYCE Consolidated Limited (No 1) [2016] FCA 1412 Re NRMA Ltd (No 1) (2000) 156 FLR 349 Re Seven Network Ltd (No 3) (2010) 267 ALR 583
Date of hearing: 3 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: No Catchwords
Number of paragraphs: 8
Counsel for the Plaintiff: Mr RA Dick SC
Solicitor for the Plaintiff: Addisons
ORDERS NSD 1575 of 2016
IN THE MATTER OF PAYCE CONSOLIDATED LIMITED (ACN 001 566 310) PAYCE CONSOLIDATED LIMITED (ACN 001 566 310) Plaintiff
JUDGE: FOSTER J DATE OF ORDER: 3 NOVEMBER 2016
THE COURT ORDERS THAT:
1. Pursuant to subs 411(4)(b) of the Corporations Act 2001 (Cth) (the Act): (a) The scheme of arrangement between the plaintiff and the holders of its ordinary shares (other than Bellawest Pty Limited (ACN 612 757 829) and Lanox Pty Limited (ACN 077 164 884)) (Ordinary Scheme), being in the form contained in Annexure B to the Explanatory Booklet which was registered with the Australian Securities and Investments Commission on 23 September 2016 and which is Exhibit SN7 in this proceeding (Explanatory Booklet), be approved; and (b) The scheme of arrangement between the plaintiff and the holders of its preference shares (Preference Scheme), being in the form contained in Annexure E to the Explanatory Booklet, be approved. 2. Pursuant to subs 411(12) of the Act, the plaintiff be exempted from compliance with subs 411(11) of the Act in relation to the Ordinary Scheme and the Preference Scheme. 3. These Orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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