Federal Court of Australia
District Registry: Western Australia
Division: General No: WAD533/2016
TV2U INTERNATIONAL LIMITED
Plaintiff
ORDER
JUDGE: SIOPIS J
DATE OF ORDER: 14 DECEMBER 2016
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Pursuant to s 1322(4)(a) of the Corporations Act 2001 (Cth) (Corporations Act), it is declared that any offer for sale or sale of the quoted securities, being 3,035,714 ordinary shares in the plaintiff, during the period after the date of their issue on 28 June 2016 until 4 November 2016 at 18:16 (WST) is not invalid by reason of:
(a) the failure of notices, purportedly issued pursuant to s 708A(5)(e) of the Corporations Act, to exempt the seller from the obligation of disclosure under the Corporations Act; and
(b) the seller’s consequent failure to comply with ss 707(3) and 727(1) of the Corporations Act.
2. Pursuant to s 1322(4)(c) of the Corporations Act, any seller referred to in order 1 above be relieved from any civil liability arising out of their contravention of ss 707(3) and 727(1) of the Corporations Act.
3. Pursuant to s 1322(4)(a) of the Corporations Act, it is declared that any offer for sale or sale of the quoted securities being 43,000,000 ordinary shares in the plaintiff during the period after the date of their issue on 26 October 2016 until 4 November 2016 at 18:16 (WST) is not invalid by reason of:
(a) the failure of notices, purportedly issued pursuant to s 708A(5)(e) of the Corporations Act, to exempt the seller from the obligation of disclosure under the Corporations Act; and
(b) the seller’s consequent failure to comply with ss 707(3) and 727(1) of the Corporations Act.
4. Pursuant to s 1322(4)(c) of the Corporations Act, any seller referred to in order 3 above be relieved from any civil liability arising out of their contravention of ss 707(3) and 727(1) of the Corporations Act. - 2 - Prepared in the Western Australia District Registry, Federal Court of Australia Peter Durack Commonwealth Law Courts Building, Level 6, 1 Victoria Avenue, Telephone 08 9268 7100
5. A sealed copy of these orders is to be served on the Australian Securities and Investments Commission (ASIC) as soon as reasonably practicable and upon service of these orders on ASIC, ASIC is to include these orders on its database.
6. A copy of these orders is to be given to each person to whom the securities were issued and as soon as reasonably practicable the plaintiff is to publish an announcement to the Australian Securities Exchange (ASX) in which a copy of these orders is included.
7. For a period of 28 days from the date of reinstatement by the ASX of the class of securities “TV2” and the publication of these orders on the ASX website, any person who claims to have suffered substantial injustice or is likely to suffer substantial injustice by the making of any or all of these orders has liberty to apply to vary or to discharge them.
Date that entry is stamped: 14 December 2016
TV2 Price at posting:
1.7¢ Sentiment: Hold Disclosure: Held
