Yates, in the matter of G Retail Ltd (Administrator Appointed) [2006] FCA 370

FEDERAL COURT OF AUSTRALIA

Yates, in the matter of G Retail Ltd (Administrator Appointed) [2006] FCA 370

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

NSD2330 OF 2005 EMMETT J 23 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT 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: 23 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. An order be made under s 1322(4) of the Corporations Act 2001 (Cth) ('the Act'), to the effect that the meeting of creditors of each of the companies held on 6 March 2006 was not invalid by reason of any defect in the giving of notice in respect of the meetings in accordance with s 439A(3) of the Act. 2. An order be made under s 447A of the Act that s 439A(3)(b) is to operate in relation to the convening of the second meeting of the creditors of the companies as though it required the meetings to be convened by causing notice of the meetings to be published at least two business days before the meeting. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.