Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
JUDGMENT No, wach y T4
ooneseoucn eoenrececoes
No. NG 3434 of 1994
BETWEEN : SHANE WILLIAM WALKER Applicant AND: KEVIN HAWTHORNE NINJA
SCHOOLS PTY LIMITED ACN 006 703 804
Respondent
JUDGE MAKING ORDERS: FOSTER J
DATE: 18 NOVEMBER 1994
PLACE: SYDNEY
RECEIVED
21 NOV 1994 FEDERAL COURT OF MINUTE OF ORDERS AUSTRALIA
PRINCIPAL REZ TRY
THE R RDER_ THAT:
1.
The Motion for security for costs be dismissed with costs.
These proceedings be transferred to the Victorian Registry of this Court.
The costs of the application for transfer be costs in the application for winding-up.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 3434 of 1994 ) )
GENERAL DIVISION
BETWEEN: SHANE WILLIAM WALKER Applicant AND: KEVIN HAWTHORNE NINJA
SCHOOLS PTY LIMITED ACN 006 703 804
Respondent CORAM: FOSTER J DATE: 18 NOVEMBER 1994 PLACE: SYDNEY NS FOR NT HIS HONOUR: I have for determination two Notices of Motion
brought by the abovenamed respondent company. The first seeks an order for security for costs in the amount of $5,000. The second seeks a transfer of the whole of the proceedings to the
Victorian District Registry of this Court.
The principal proceedings between the parties
consist of an application by the applicant ("Walker") under
s 462 of the Corporations Law. He claims orders that the respondent "be wound up on the just and equitable ground". He seeks, also, the appointment of a liquidator and costs. By
way of interlocutory relief an order is sought for the
appointment of a receiver to the respondent.
2. The respondent company opposes the winding up application on a number of grounds set out in its Notice of Opposition. This Notice is verified by the affidavit of
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