Westpac Banking Corp v E & W Jury Pty Ltd & Ors [1998] FCA 106

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3166 of 1997

BETWEEN: WESTPAC BANKING CORPORATION

ARBN 007 457 141

Applicant

AND: E&W JURY PTY LIMITED

First Respondent

JUSTAL PTY LIMITED

Second Respondent

KEDGE PTY LIMITED

Third Respondent

LOGWON PTY LIMITED

Fourth Respondent

TRINITY PROPERTIES PTY LIMITED

Fifth Respondent

WOODCO PTY LIMITED

Sixth Respondent

JUDGE: EMMETT J

DATE: 12 FEBRUARY 1998

PLACE: SYDNEY

THE COURT ORDERS: 1. that the order made by Justice Emmett on 18 December 1997, directing that these proceedings be listed for directions before His Honour on 6 February 1998, be corrected by adding an order that, subject to further order, the time within which the applicant's application pursuant to section 459P of the Corporations Law was to be determined be extended up to and including Friday 6 February 1998. 2. That the orders made by Justice Emmett on 6 February 1998, directing that these proceedings be listed on 12 February 1998 for hearing of any application made by the applicant pursuant to section 459R of the Corporations Law and the foreshadowed application by the respondents pursuant to section 459S of the Corporations Law, be corrected by adding an order that, subject to further order, the time within which the applicant's application pursuant to section 459P of the Corporations Law was to be determined be further extended up to and including Thursday 12 February 1998. 3. That the notice of motion of the respondents be dismissed with costs. 4. That each of E & W Jury Pty Ltd, Justal Pty Ltd, Kedge Pty Ltd, Logwon Pty Ltd and Trinity Properties Pty Ltd ("the Companies") be wound up by this Court under the provisions of the Corporations Law. 5. That John Frederick Lord of Level 8, 1 York Street, Sydney in the State of New South Wales, an official liquidator, be appointed the liquidator of each of the companies. 6. That the applicant's costs, including reserved costs, be taxed and reimbursed out of the property of the Companies in accordance with subsection 466(2) of the Corporations Law. Note: settlement and entry of orders is dealt with in order 36 of the federal court rules.