NSW Caselaw
New South Wales Supreme Court
CITATION : Oldfields Holdings Limited Re [2009] NSWSC 1220
HEARING DATE(S) : 10/11/09 JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 12 November 2009
DECISION : Remedial orders made as sought- see paragraph 35
CATCHWORDS : Corporations - Rights Issue - Application order under s 1322 (4) of the Corporations Act 2001 (Cth) extending time for a company to give notice to Australian Securities Exchange Ltd under s 708AA (2) (f) of the Act - Whether failure to lodge a cleansing notice as required by the Act was due to inadvertence - Whether substantial injustice to any party
LEGISLATION CITED : Corporations Act 2001 (Cth)
CATEGORY : Principal judgment
Chalice Gold Mines Ltd, Re [2009] FCA 1236 CASES CITED : Chameleon Mining NL, Re [2009] NSWSC 660 Charter Hall, Re [2007] FCA 1316
TEXTS CITED : Ford's Principles of Corporation Law, on line service 68
PARTIES : Oldfields Holdings Limited (Plaintiff)
FILE NUMBER(S) : SC 5282/09
COUNSEL : Mr J Darams (Plaintiff) Ex parte
SOLICITORS : Eakin McCaffery Cox (Plaintiff)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
Einstein J
Tuesday 10 December 2009 ex tempore Revised 12 December 2009
5282/09 Oldfields Holdings Limited
Judgment
Ex parte
Application seeking orders in relation to an extension of time
1 There is before the court an application made pursuant to subsection 1322(4)(d) of the Corporations Act 2001 (Cth) [the Act] seeking orders in relation to an extension of time to give notice to Australian Securities Exchange Limited [the ASX] under subsection 708AA(2)(f) of the Act. 2 The application is supported by four affidavits: the affidavit of Mr Gary Jeffrey Guild; the affidavit of Mr Anthony Mankarios; the affidavit of Mr Mark Geoffrey Dobell; the further affidavit of Mr Mark Geoffrey Dobell. Background 3 The background to the making of the application concerns a rights issue by Oldfields Holdings Limited [Oldfields], the relevant timetable being as follows: 6th October 2009 Lodging Appendix 3B with ASX 12th October 2009 Notice to Security Holders 13th October 2009 "Ex" Date 19th October 2009 Record Date 22nd October 2009 Acceptance Form mailed 6th November 2009 Acceptances close at 5pm 9th November 2009 Securities quoted on a deferred settlement basis 11th November 2009 Notify ASX of under subscriptions 16th November 2009 Despatch Date Confirm Appendix 3B 17th November 2009 Resume Normal Trading
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate