Cobalt One Limited, in the matter of Cobalt One Limited (No 2) [2017] FCA 1407

FEDERAL COURT OF AUSTRALIA

Cobalt One Limited, in the matter of Cobalt One Limited (No 2) [2017] FCA 1407 File number(s): WAD 468 of 2017

Judge(s): SIOPIS J

Date of judgment: 20 November 2017

Catchwords: CORPORATIONS – scheme of arrangement – approval of scheme under s 411 of the Corporations Act 2001 (Cth) – expert opinion that scheme is not fair but reasonable.

Legislation: Corporations Act 2001 (Cth) ss 411, 411(4)(a)(ii), 411(11), 411(12), 411(17), 411(17)(b)

Cases cited: Cobalt One Limited, in the matter of Cobalt One Limited [2017] FCA 1228 In the matter of CIC Australia Limited [2015] NSWSC 557

Date of hearing: 20 November 2017

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 16

Counsel for the Plaintiff: Mr T O'Leary

Solicitor for the Plaintiff: Gilbert + Tobin

ORDERS WAD 468 of 2017 IN THE MATTER OF COBALT ONE LIMITED (ACN 127 411 796) COBALT ONE LIMITED (ACN 127 411 796) Plaintiff

JUDGE: SIOPIS J DATE OF ORDER: 20 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The Scheme of Arrangement between Cobalt and the holders of fully-paid ordinary shares in Cobalt (Scheme) being Attachment F to the Scheme Booklet (comprising the Explanatory Statement), which was dispatched in accordance with the orders of this Court of 12 October 2017 (as amended) be approved pursuant to section 411(4)(b) of the Corporations Act 2001 (Cth) (Act). 2. Pursuant to section 411(12) of the Act, the Plaintiff is exempt from compliance with the requirements of section 411(11) of the Act in relation to the Scheme. 3. An office copy of these orders be lodged with the Australian Securities and Investments Commission 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.