United Malt Group Limited, in the matter of United Malt Group Limited (No 2) [2023] FCA 1236

Federal Court of Australia

United Malt Group Limited, in the matter of United Malt Group Limited (No 2) [2023] FCA 1236 File number: NSD 787 of 2023

Judgment of: YATES J

Date of judgment: 16 October 2023

Date of publication of reasons: 17 October 2023

Catchwords: CORPORATIONS – scheme of arrangement – second court hearing – application for order under s 411(4)(b) of the Corporations Act 2001 (Cth) for approval of scheme – scheme approved

Legislation: Corporations Act 2001 (Cth) ss 411, 412

Cases cited: United Malt Group Limited, in the matter of United Malt Group Limited [2023] FCA 1071

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 16

Date of hearing: 16 October 2023

Counsel for the Plaintiff: Mr J Williams SC and Ms B Ng

Solicitor for the Plaintiff: Gilbert + Tobin

Counsel for Malteries Soufflet SAS: Ms T Wong SC

Solicitor for Malteries Soufflet SAS: Allens

ORDERS NSD 787 of 2023 IN THE MATTER OF UNITED MALT GROUP LIMITED BETWEEN: UNITED MALT GROUP LIMITED (ACN 140 174 189) Plaintiff

order made by: YATES J DATE OF ORDER: 16 OCTOBER 2023

THE COURT ORDERS THAT:

1. Pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (the Act), the Scheme of Arrangement between UMG and UMG Shareholders who are Scheme Shareholders (as defined in the Scheme Booklet, a copy of which is Exhibit 1 in this proceeding) agreed to by UMG Shareholders at the Scheme Meeting held on 12 October 2023 (Scheme) be and is hereby approved. 2. Pursuant to s 411(12) of the Act, UMG be exempted from compliance with s 411(11) of the Act in respect of the Scheme. 3. Pursuant to r 39.34 of the Federal Court Rules 2011 (Cth), these orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.