D'Aloia, in the matter of Tucker-Barlow-Gerrard Pty Ltd [2003] FCA 1310

FEDERAL COURT OF AUSTRALIA

D'Aloia, in the matter of Tucker-Barlow-Gerrard Pty Ltd [2003] FCA 1310 CORPORATIONS – administration – application for order that transfer of shares not void – s 437F of the Corporations Act 2001 (Cth) – whether transfer in interests of creditors.

Corporations Act 2001 (Cth): s 437F

Selim v McGrath [2003] NSWSC 806, followed Australian Securities and Investments Commission v Australian Rural Group Ltd [2002] NSWSC 1087, followed Jardio Holdings Pty Ltd v Dorcon Constructions Pty Ltd (1984) 3 FCR 311, considered Sellers; In the matter of Beckley Forge Pty Ltd (2003) 21 ACLC 1319, considered

IN THE MATTER OF TUCKER‑BARLOW‑GERRARD PTY LTD (ACN 083 529 257) (Administrator Appointed) ANTHONY D'ALOIA in his capacity as Voluntary Administrator of TUCKER‑BARLOW‑GERRARD PTY LTD (ACN 083 529 257) V 3249 of 2003 GOLDBERG J 11 NOVEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3249 of 2003

IN THE MATTER OF TUCKER‑BARLOW‑GERRARD PTY LTD (ACN 083 529 257) (Administrator Appointed)

BETWEEN: ANTHONY D'ALOIA in his capacity as Voluntary Administrator of TUCKER‑BARLOW‑GERRARD PTY LTD (ACN 083 529 257)

Applicant

JUDGE: GOLDBERG J

DATE OF ORDER: 11 NOVEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Pursuant to s 437F of the Corporations Act 2001 (Cth), the transfer of 15 ordinary shares in Tucker‑Barlow‑Gerrard Pty Ltd (ACN 083 529 257) (administrator appointed) from each of Guy Clement Barlow and June Elizabeth Barlow to Gerrard D'Souza Pty Ltd (ACN 102 678 133) pursuant to the deed of sale of shares, being exhibit AC1 to the affidavit of Angelo Conti sworn 22 October 2003, is not void. 2. The costs of and incidental to this proceeding be costs and expenses of the voluntary administrator of Tucker‑Barlow‑Gerrard Pty Ltd. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules