Aphrodite Gold Limited, in the matter of Aphrodite Gold Limited (No 2) [2017] FCA 1625

FEDERAL COURT OF AUSTRALIA

Aphrodite Gold Limited, in the matter of Aphrodite Gold Limited (No 2) [2017] FCA 1625 File number(s): WAD 526 of 2017

Judge(s): SIOPIS J

Date of judgment: 20 December 2017

Catchwords: CORPORATIONS – scheme of arrangement – approval of scheme under s 411 of the Corporations Act 2001 (Cth)

Legislation: Corporations Act 2001 (Cth) ss 411(1), 411(4)(a), 411(4)(a)(ii)(A), 411(4)(a)(ii)(B), 411(17)(b), 411(11), 411(12)

Cases cited: Aphrodite Gold Limited, in the matter of Aphrodite Gold Limited [2017] FCA 1346

Date of hearing: 20 December 2017

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 17

Counsel for the Plaintiff: Mr J Garas

Solicitor for the Plaintiff: GTP Legal

ORDERS WAD 526 of 2017 IN THE MATTER OF APHRODITE GOLD LIMITED (ACN 138 879 928) APHRODITE GOLD LIMITED (ACN 138 879 928) Plaintiff

JUDGE: SIOPIS J DATE OF ORDER: 20 DECEMBER 2017

THE COURT ORDERS THAT:

1. Pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (Act) the scheme of arrangement between the plaintiff (Aphrodite) and its members (other than Spitfire Materials Limited), in the form contained in Annexure C of the final scheme booklet which is part of Annexure JP-01 to the affidavit of James Lewis Pearse sworn on 24 November 2017, is approved. 2. Pursuant to s 411(12) of the Act, Aphrodite is exempted from compliance with s 411(11) of the Act, in relation to the scheme of arrangement referred to in order 1. 3. Aphrodite is to lodge an office copy of these orders with Australian Securities and Investments Commission as soon as practicable. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.