Folkestone Limited, in the matter of Folkestone Limited (No 2) [2018] FCA 1593

FEDERAL COURT OF AUSTRALIA

Folkestone Limited, in the matter of Folkestone Limited (No 2) [2018] FCA 1593 File number: NSD 1545 of 2018

Judge: YATES J

Date of judgment: 22 October 2018

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

Legislation: Corporations Act 2001 (Cth), ss 411, 412 Federal Court (Corporations) Rules 2000, r 3.5

Cases cited: Folkestone Limited, in the matter of Folkestone Limited [2018] FCA 1412

Date of hearing: 22 October 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 13

Counsel for the Plaintiff: Mr M Izzo SC with Ms S Scott

Solicitor for the Plaintiff: Clayton Utz

Counsel for the Charter Hall Limited: Mr P M Wood

Solicitor for the Charter Hall Limited: Allens

ORDERS NSD 1545 of 2018 IN THE MATTER OF FOLKESTONE LIMITED ACN 004 715 226 FOLKESTONE LIMITED ACN 004 715 226 Plaintiff

JUDGE: YATES J DATE OF ORDER: 22 OCTOBER 2018

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, Folkestone Limited (Folkestone), and the holders of fully paid ordinary shares in the capital of Folkestone (Scheme), which is in the form contained in Annexure B to the explanatory statement in relation to the Scheme being Exhibit 1 in the proceeding, be approved. 2. Pursuant to s 411(12) of the Act, Folkestone be exempted from compliance with s 411(11) of the Act in relation to the Scheme. 3. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.