NOTICE OF FILING AND HEARING

Transcription

1 NOTICE OF FILING AND HEARING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 21/10/2016 3:23:52 PM AEDT and has been accepted for filing under the Court s Rules. Filing and hearing details follow and important additional information about these are set out below. Filing and Hearing Details Document Lodged: Originating process (Rule 2.2): Federal Court (Corporations) Rules 2000 form 2 File Number: VID1260/2016 File Title: In the matter of Arrium Limited (Administrators Appointed) ACN Registry: VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA Reason for Listing: Time and date for hearing: Place: Hearing 25/10/2016, 9:30 AM COURT 8B (Level 8), Owen Dixon Commonwealth Law Courts Building Level 7, 305 William Street, Melbourne Dated: 21/10/2016 4:26:21 PM AEDT Registrar Important Information As required by the Court s Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The Reason for Listing shown above is descriptive and does not limit the issues that might be dealt with, or the orders that might be made, at the hearing. The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court s Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry.

2 ORIGINATING PROCESS Federal Court of Australia No. VID of 2016 District Reg istry: Victoria Division: Corporations List tn THE MATTER OF ARRTUM LIM TED (ADMTNTSTRATORS APPOINTED) ACN (AND EACH OF THE COMPANIES LISTED ln SCHEDULE ONE) MARK FRANCTS XAVIER MENTHA, CASSANDRA ELYSIUM MATHEWS, MARTIN MADDEN AND BRYAN WEBSTER IN THEIR CAPACITIES AS JOINT AND SEVERAL ADMf NISTRATORS OF ARRTUM LtM TED (ADMTNTSTRATORS APPOINTED) ACN (AND EACH OF THE COMPANIES LISTED ln SCHEDULE ONE) First Plaintiffs ARRTUM L MITED (ADMTNTSTRATORS APPOTNTED) ACN (AND EACH OF THE COMPANTES LTSTED tn SCHEDULE ONE) Second Plaintiffs A. DETAILS OF APPLICATION This application is made under sections 4394, 447A and 447D of the Corporations Act 2001 (Cth) (Act), On the facts stated in the supporting affidavit of Bryan Webster affirmed on 21 October 2016, the Plaintiffs claim: Second Meetings of Creditors 1 An order pursuant to section 447A(1) of the Act that Part 5.34 of the Act is to operate in relation to each of the Second Plaintiffs (the Arrium Administration Group Companies) as if it provided that at the concurrent meetings of creditors of the Arrium Administration Group held pursuant to section 4394 of the Act, each employee of any of the Arrium Administration Group Companies who is a member of the Australian Workers Union had duly appointed Mr Scott McDine to be her or his attorney pursuant to Regulation 5.6,314 for the purpose of those meetings save for: Filed on behalf of: the Plaintiffs Prepared by: Leon Zwier Ref: Law firm: ARNOLD BLOCH LEIBLER Tel: Fax: DX Melbourne lzwier@abl.com,au Address for service: Level 21, 333 Collins Street, Melbourne, VIC U v1

3 2 (a) any employee who attends any meeting in person; and (b) any employee who signs a proxy appointing some other person to attend any meeting on his or her behalf. 2 A direction pursuant to section 447D of the Act that the First Plaintiffs may properly and justifiably cause the Arrium Administration Group Companies in their capacities as creditors of any other Arrium Administration Group Companies to vote in favour of the entry into proposed Deeds of Company Arrangement, as summarised in Tab 22 to Exhibit BW-1 to the Affidavit of Bryan Webster affirmed 21 October 2016 (Webster Affidavit), at the meetings of creditors of the Arrium Administration Group Companies convened pursuant to section 4394 of the Act. Section 4394 Report 3 An order pursuant to section 447A oí the Act that Part 5.34 of the Act is to operate in relation to each of the Arrium Administration Group Companies as if section 4394(4) of the Act is modified to read as follows: "(4) [Form of notice to creditor] The notice given to a creditor under paragraph 3(a), as modified by the Orders of the Federal Couñ of Australia made on 10 May 2016, must be accompanied by a copy of: (a) (b) a single report prepared on an aggregated basrs by the Administrators about the Arrium Administration Group's busrnesses, propeñy, affairs and financial circumstances; and a statement setting out the administrators' opinion about each of the following matters: ( ) whether it would be in the creditors' interests for the Arrium Administration Group Companies to execute cross-conditioned deeds of company arrangement; ( ) whether it would be in the creditors' interests for the Arrium Administration Group Companies' administrations to end; (iii) whether it would be in the creditors' interests for the Arrium Administration Group Companies to be wound up;

4 3 and also setting out: (iv) his or her reasons for those opinions; and (v) such other information known to the administrators as will enable the creditors to make an informed decision about each matter covered by subparagraph (i), (ii) or (iii); and (c) if deeds of company arrangement are proposed- a statement setting out details of the proposed deeds." 4 A direction pursuant to section 447D of the Act that the First Plaintiffs may properly and justifiably send an aggregated report to creditors of the Arrium Administration Group Companies in accordance with section 439A(4) of the Act (as modified by paragraph 3 of these orders) in substantially the same form as the Arrium 4394 Report at Tab 24 to Exhibit BW-1 to the Webster Affidavit. Other An order that the Plaintiffs and any creditor of the Arrium Administration Group Companies affected by any order made pursuant to this Originating Process shall have liberty to apply upon two business days'written notice to the parties. An order pursuant to rules 1.39 of the Rules and 1,3(2) of the Corporations Rules that service of this originating process on the persons referred to in Section E below in accordance with rule 2.7(1) of the Corporations Rules be abridged as required. An order that the Plaintiffs' costs of this application be costs in the administrations of the Arrium Administration Group Companies. 8 Such further or other orders as the Court deems fit DATE: 21 ber 2016 Leon r ARNOLD BLOCH LE BLER Solicitors for the Plaintiffs This application will be heard by the Federal Court of Australia, 305 William Street, Melbourne at on

5 4 B. NOTICE TO DEFENDANT TO: N/A lf you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence, As soon after that time as the business of the Court will allow, any of the following may happen: (a) (b) (c) the application may be heard and final relief given; directions may be given for the future conduct of the proceeding; any interlocutory application may be heard. Before appearing before the Court, you must file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff. Nofe: Unless the Court otherwise orders, a defendant that is a corporation must be represented at a hearing by a legal practitioner. lt may be represented at a hearing by a director of the corporation only if the Court grants leave, C. APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY Not applicable D. FILING Date of filing: An officer acting with the authority of the DISTRICT REGISTRAR This originating process is filed by Arnold Bloch Leibler of Level 21,333 Collins Street, Melbourne, VlC, 3000, solicitors for the Plaintiffs.

6 5 E. SERVICE The Plaintiffs'address for service is cê Arnold Bloch Leibler, Level 21, 333 Collins Street, Melbourne, VlC, It is intended to serve a copy of this originating process on each person listed below (a) the Australian Securities and lnvestments Commission; (b) Australian Workers Union; and (c) Australian Council of Trade Unions

7 6 SCHEDULE 1 1 A.C.N Pty Limited (ACN ) 2 Akkord Pty Limited (ACN ) 3 ANI Construction (W.4.) Pty. Limited (ACN ) 4 Arrium Finance Pty Limited (ACN ) 5 Arrium lron ore Holdings Pty Limited (ACN ) þ Arrium Limited (ACN ) 7 I Atlas Group Employees Superannuation Fund Pty, Limited. (ACN ) Atlas Group Staff Superannuation Fund Pty. Limited. (ACN ) 9 Atlas Group Superannuation Plan Pty Limited (ACN ) 10 Australian National lndustries Pty Limited (ACN ) 11 Australian Wire lndustries Pty Limited (ACN ) 12 Austube Mills Holdings Pty Limited (ACN ) 13 Austube Mills Pty Limited (ACN ) 14 AWI Holdings Pty Limited (ACN ) 15 B.G.J, Holdings Proprietary Limited (ACN ) 16 Bradken Consolidated Pty Limited (ACN ) 17 Central lron Pty Limited (ACN ) 18 Cockatoo Dockyard Pty Limited (ACN ) 19 Comsteel Pty. Limited (ACN ) 20 Coober Pedy Resources Pty Limited (ACN )

8 7 21 Eagle & Globe Pty Limited (ACN ) Accumulation Superannuation Pty Limited (ACN ) Executive Superannuation Pty Limited (ACN ) Holdings Pty Limited (ACN ) Management Superannuation Pty Limited (ACN ) Metals Pty. Limited. (ACN ) Pty Limited (ACN ) Superannuation Pty Limited (ACN ) Emwest Holdings Pty, Limited. (ACN ) Emwest Properties Pty Limited (ACN ) GSF Management Pty Limited (ACN ) J. Murray-More (Holdings) Pty Limited (ACN ) John McGrath Pty Limited (ACN ) Kelvinator Australia Pty Limited (ACN ) Litesteel Products Pty Limited (ACN ) Litesteel Technologies Pty Limited (ACN ) Metals Properties Pty. Limited. (ACN ) Metalstores Pty Limited (ACN ) Metpol Pty Limited (ACN ) N.K.S. (Holdings) Proprietary Limited (ACN ) O Dee Gee Co. Pty. Limited. (ACN ) OnesteelAmericas Holdings Pty Limited (ACN )

9 I 43 Onesteel Building Supplies Pty Limited (ACN ) 44 Onesteel Coil Coaters Pty Limited (ACN ) 45 OneSteel Manufacturing Pty Limited (ACN ) 46 Onesteel MBS Pty Limited (ACN ) 47 Onesteel Nsw Pty Limited (ACN ) 48 Onesteel Queensland Pty Limited (ACN ) 49 Onesteel Recycling Holdings Pty Limited (ACN ) 50 Onesteel Recycling Overseas Pty Limited (ACN ) 51 Onesteel Recycling Pty Limited (ACN ) Onesteel Reinforcing Pty Limited (ACN ) Onesteel Stainless Australia Pty Limited (ACN ) Onesteel Stainless Pty Limited (ACN ) OnesteelTechnologies Pty Limited (ACN ) Onesteel Trading Pty Limited (ACN ) Onesteel US lnvestments 1 Pty Limited (ACN ) Onesteel US lnvestments 2 Pty Limited (ACN ) OnesteelWire Pty Limited (ACN ) Overseas Corporation (Australia) Pty Limited (ACN ) P & T Tube Mills Pty Limited (ACN ) Palmer Tube Mills Pty Limited (ACN ) Pipeline Supplies of Australia Pty Limited (ACN ) 64 Reosteel Pty Limited (ACN )

10 I Roentgen Ray Pty Limited (ACN ) Southern lron Pty Limited (ACN ) SSG lnvestments Pty Limited (ACN ) SSG No,2 Pty Limited (ACN ) SSG No.3 Pty Limited (ACN ) SSGL Share Plan Nominees Pty Limited (ACN ) SSX Acquisitions Pty Limited (ACN ) SSX Employees Superannuation Fund Pty Limited (ACN ) SSX Holdings Pty Limited (ACN ) SSX lnternational Pty Limited (ACN ) SSX Pty Limited (ACN ) SSX Retirement Fund Pty Limited (ACN ) SSX Services Pty Limited (ACN ) SSX Staff Superannuation Fund Pty Limited (ACN ) Tasco Superannuation Management Pty Limited (ACN ) The ANI Corporation Pty Limited (ACN ) The Australian Steel Company (Operations) Pty Limited (ACN ) Tube Estates Pty. Limited. (ACN ) Tube Street Pty Limited (ACN ) Tube Technology Pty. Limited, (ACN ) Tubemakers of Australia Pty Limited (ACN ) Tubemakers Somerton Pty Limited (ACN )

11 10 87 Western Consolidated lndustries Pty Limited (ACN ) 88 Whyalla Ports Pty Limited (ACN ) X.C.E. Pty Limited (ACN ) XEM (Aust) Pty Limited (ACN ) XLA Pty Limited (ACN ) XLL Pty Limited (ACN ) XMS Holdings Pty Limited (ACN ) Zinctek Pty limited (ACN )