Macquarie University Union Limited v Venues at Macquarie Pty Limited [2007] FCA 721

FEDERAL COURT OF AUSTRALIA

Macquarie University Union Limited v Venues at Macquarie Pty Limited [2007] FCA 721 MACQUARIE UNIVERSITY UNION LIMITED (IN PROVISIONAL LIQUIDATION) (ACN 085 197 600) v VENUES AT MACQUARIE PTY LIMITED (ACN 111 705 394) NSD 796 OF 2007

RARES J

10 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 796 OF 2007

BETWEEN: MACQUARIE UNIVERSITY UNION LIMITED (IN PROVISIONAL LIQUIDATION) (ACN 085 197 600)

Plaintiff

AND: VENUES AT MACQUARIE PTY LIMITED (ACN 111 705 394)

Defendant

JUDGE: RARES J DATE OF ORDER: 10 MAY 2007

WHERE MADE: SYDNEY

UPON MACQUARIE UNIVERSITY BY ITS COUNSEL, GIVING TO THE COURT THE FOLLOWING UNDERTAKINGS: 1. The usual undertaking as to damages; 2. Undertaking, while the plaintiff is in provisional liquidation, to pay the creditors of the defendant specified in TMP-3 of the affidavit of Trevor Mark Pogroske sworn 7 May 2007, to the extent of those creditors' debts as set out in that document and in accordance with those creditors' ordinary credit terms; and 3. Undertaking, while the plaintiff is in provisional liquidation, to use its best endeavours for the defendant to conduct its affairs in the ordinary course of business until further order. THE COURT ORDERS THAT: 1. The plaintiff have leave under s 440D of the Corporations Act 2001 (Cth) to file the originating process and interlocutory process returnable instanter and to proceed to seek orders in the form of the orders initialled by me, dated today and placed with the papers. 2. Pursuant to s 447A of the Corporation Act 2001 (Cth) the voluntary administration of the defendant is to end forthwith. 3. Trevor Mark Pogroske be appointed as official liquidator provisionally of the defendant. 4. The provisional liquidator be given all the powers of a liquidator under s 477 of the Corporations Act 2001 (Cth). 5. Leave be granted to the former voluntary administrators of the defendant to apply in respect of such costs and disbursements as they make have incurred or be entitled to receive arising out of the voluntary administration to date. 6. Liberty to the former voluntary administrators and the official provisional liquidator to apply on 1 day's notice. 7. The proceedings be stood over to 9.30 a.m. on 15 May 2007 before Lindgren J or such other time as his Honour's associate may notify. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA