G Retail Ltd (Administrator Appointed) ACN 098 238 585, in the matter of G Retail Ltd (Administrator Appointed) ACN 098 238 585 [2005] FCA 1870

FEDERAL COURT OF AUSTRALIA

G Retail Ltd (Administrator Appointed) ACN 098 238 585, in the matter of G Retail Ltd (Administrator Appointed) ACN 098 238 585 [2005] FCA 1870 G RETAIL LTD (ADMINISTRATOR APPOINTED) ACN 098 238 585 & ORS v YATES & ANOR, in the matter of G RETAIL LTD (ADMINISTRATOR APPOINTED) ACN 098 238 585 & ORS NSD2330 OF 2005 EMMETT J 25 NOVEMBER 2005 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD2330 OF 2005

IN THE MATTER OF: G RETAIL LTD (ADMINISTRATOR APPOINTED)

ACN 098 238 585

GOWINGS PTY LTD (ADMINISTRATOR APPOINTED)

ACN 059 863 937

GOWINGS WHOLESALE PTY LTD (ADMINISTRATORS APPOINTED) ACN 049 863 937

GOWINGS HARDWARE PTY LTD (ADMINISTRATORS APPOINTED) ACN 092 758 604

MR PETER GEORGE YATES AND DAVID JOHN FRANK LOMBE

PLAINTIFFS

JUDGE: EMMETT J DATE OF ORDER: 25 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the Plaintiffs to file in Court before the Corporations Duty Judge sitting on 25 November 2005 the originating process dated 25 November 2005 (the Originating Process) and affidavit of Peter George Yates sworn on 25 November 2005. 2. The Originating Process be returnable instanter. 3. Pursuant to 439A(6) of the Corporations Act 2001 (Cth) (the Act), the convening period defined in section 439A(5) of the Act be extended by 90 days (or the next business day) for each of the following companies: (a) G Retail Limited (Administrators Appointed) ACN 098 238 585 (G Retail); (b) Gowings Pty Ltd (Administrators Appointed) ACN 091 595 612; (b) Gowings Wholesale Pty Limited (Administrators Appointed) ACN 059 863 937; and (c) Gowings Hardware Pty Limited (Administrators Appointed) ACN 092 758 604. 4. Pursuant to section 447A(1) of the Act that Pt 5.3A of the Act is to operate in relation to each of the G Retail Companiesas if: (a) Section 449E(1)(a) of the Act also provided that the Plaintiffs in their capacity as administrators of the G Retail Companies, are entitled to such remuneration for work performed in relation to all the G Retail Companies as is fixed by a resolution of the committee of creditors appointed to G Retail passed after the members of that committee have received no less than 7 days written notice of the amount of remuneration claimed by the Plaintiffs, together with details of the manner in which the amount claimed is comprised and calculated; and (b) Section 436F(1) of the Act also provided that one of the functions of the committee of creditors of G Retail is to fix, by resolution of that committee, the remuneration of the Plaintiffs in their capacity as administrators of all the G Retail Companies, after the members of that committee have received no less than 7 days prior written notice of the amount of remuneration claimed by the Plaintiffs, together with details of the manner in which the amount claimed is comprised and calculated. 5. Pursuant to section 447A(1) of the Act that Pt 5.3A of the Act is to operate in relation to each of the G Retail Companies such that liberty to apply be granted to any person who can demonstrate a sufficient interest to modify or discharge these orders upon appropriate notice being given to the Plaintiffs. 6. Pursuant to section 447A(1) of the Act that Pt 5.3A of the Act is to operate in relation to each of the G Retail Companies such that the meeting of creditors of each of the G Retail Companies may be held at any time during, or within five business days after the end of, the convening period, as extended by order 2 above, notwithstanding the provisions of section 439A(2) of the Act. 7. The costs of this application be paid out of the assets of the G Retail Companies.