Notice of Second Court Hearing
Notice of hearing to approve compromise or arrangement
TO all the “Senior Financiers” as defined in the document entitled “Senior Syndicated Facilities Agreement” dated 9 September 2011 between, among others, Wiggins Islands Coal Export Terminal Pty Limited (ACN 131 210 038) (Company) and Commonwealth Bank of Australia, as amended from time to time (Senior Financiers).
TAKE NOTICE that at 9:15am (Sydney time) on 26 June 2025, the Supreme Court of New South Wales (Sydney Registry) at Law Courts Building, Queens Square, Sydney will hear an application by the Company seeking the approval of a compromise or arrangement between the Company and the Senior Financiers, as proposed by a resolution passed by the meeting of such creditors held on 18 June 2025 at the Company’s offices at Level 6, 33 Queen Street, Brisbane City QLD 4000, Australia, commencing at 10:00am (Brisbane time).
If you wish to oppose the approval of the compromise or arrangement, you must file and serve on the Company a notice of appearance, in the prescribed form, together with any affidavit on which you wish to rely at the hearing. The notice of appearance and affidavit must be served on the Company at its address for service by 5.00 pm (Sydney time) on 23 June 2025.
The address for service of the Company is: c/o King & Wood Mallesons, Level 61, Governor Phillip Tower, 1 Farrer Place, Sydney, NSW 2000 (Ref: Tim Klineberg / Jeremy Yam).
