Macquarie University v Macquarie University Union Limited (No 2) [2007] FCA 844

FEDERAL COURT OF AUSTRALIA

Macquarie University v Macquarie University Union Limited (No 2) [2007] FCA 844 MACQUARIE UNIVERSITY AND ANOR v MACQUARIE UNIVERSITY UNION LIMITED (IN PROVISIONAL LIQUIDATION) (ABN 91 085 197 600) (NO 2) NSD 784 of 2007 MACQUARIE UNIVERSITY UNION LIMITED (IN PROVISIONAL LIQUIDATION) v VENUES AT MACQUARIE PTY LIMITED (IN PROVISIONAL LIQUIDATION) (ACN 111 705 394) (NO 2) NSD 796 of 2007

LINDGREN J

31 may 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 784 OF 2007

MACQUARIE UNIVERSITY

First Plaintiff

ROBERT TONGUE

Second Plaintiff

MACQUARIE UNIVERSITY UNION LIMITED

(ABN 91 085 197 600)

Defendant

MACQUARIE UNIVERSITY UNION LIMITED

(IN PROVISIONAL LIQUIDATION)

(ABN 91 085 197 600)

First Applicant

ROBERT TONGUE

Second Applicant

STEVEN JOHN BROWN

Respondent

JUDGE: LINDGREN J DATE OF ORDER: 23 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondent, Steven John Brown of Etienne Lawyers, respondent to the interlocutory process filed on 15 May 2007, pay into Court $118,000 to abide the further order of the Court. 2. The parties to the interlocutory process referred to in Order 1 have liberty to apply on 24 hours' notice. 3. The application brought by the interlocutory process referred to in Order 1 be stood over for further directions to Wednesday 6 June 2007 at 9:30 am. 4. Compliance with Rule 5.6(2)(b) of the Federal Court (Corporations) Rules 2000 be dispensed with. 5. The defendant, Macquarie University Union Limited, be wound up. 6. Trevor Mark Pogroske be appointed as liquidator of the defendant. 7. The interlocutory application made by interlocutory process filed 16 May 2007 relating to the Annual General Meeting of the defendant be dismissed. 8. The taxed costs incurred by the plaintiffs in this proceeding be reimbursed to it out of the property of the defendant in accordance with ss 466(2) and 556(1)(b) of the Corporations Act 2001 (Cth). 9. These orders be entered expeditiously. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.