ABC Learning Centres Limited, in the matter of; application by Walker (No 4) [2008] FCA 1946

FEDERAL COURT OF AUSTRALIA

ABC Learning Centres Limited, in the matter of; application by Walker (No 4) [2008] FCA 1946

PETER WALKER & GREGORY MOLONEY (IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF ABC LEARNING CENTRES LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) & ORS, IN THE MATTER OF ABC LEARNING CENTRES LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) and ORS

NSD 1780 of 2008

EMMETT J

27 NOVEMBER 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1780 of 2008

IN THE MATTER OF ABC LEARNING CENTRES LIMITED & ORS, ACN 079 736 664 PETER WALKER & GREGORY MOLONEY (IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF ABC LEARNING CENTRES LIMITED(ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) & THE COMPANIES LISTED IN SCHEDULE 1

First Plaintiffs

AND ABC LEARNING CENTRES LIMITED(ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) & THE COMPANIES LISTED IN SCHEDULE 1

Second Plaintiffs

JUDGE: EMMETT J

DATE OF ORDER: 27 NOVEMBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Order 1(a) made on 13 November 2008 be varied to read as follows: (a) as if section 436E of the Act read, in respect of each of the Second Plaintiffs, as if each of the following new subsections were inserted: (5) At any meeting of creditors of one of the ABC Group Companies convened under sub-section (1), the meeting may by resolution determine: (a) whether to appoint a committee of creditors for the ABC Group Companies; and (b) if so, who, up to a maximum of 15 persons, are to be the members of such committee. (6) In this Part 5.3A (and in section 9 of this Act insofaras definitions are relevant to Part 5.3A): ABC Group Companies means each of the Second Plaintiffs in proceeding No NSD 1780 of 2008 in the Federal Court of Australia; ABC Group Committee means the Committee appointed under a resolution referred to in sub-section (5) committee of creditors means, in respect of each of the ABC Group Companies, the ABC Group Committee 2. The resolution of creditors of the Second Plaintiffs passed at the meeting of creditors convened pursuant to section 436E of the Act, and held on 18 November 2008, appointing 15 persons to the ABC Group Committee (as defined in Order 1(a) above) is a valid resolution which takes effect pursuant to the orders made on 13 November 2008 as varied by order 1 above. 3. The costs and expenses of this application be costs and expenses of the administration of the Second Plaintiffs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.