ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No 5) [2008] FCA 1947

FEDERAL COURT OF AUSTRALIA

ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No 5) [2008] FCA 1947

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 1846 of 2008

EMMETT J

27 NOVEMBER 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1846 of 2008

IN THE MATTER OF ABC LEARNING CENTRES LIMITED & ORS, 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. Pursuant to section 439A(6) of the Corporations Act 2001 (the Act), the period within which First Plaintiffs must convene meetings of creditors of each of the Second Plaintiffs under section 439A of the Act be extended up to and including 31 March 2009. 2. Pursuant to section 447A(1) of the Act, the meetings of the creditors of the Second Plaintiffs required by section 439A of that Act may be held at any time during, or within 5 business days after the end of, the convening period, as extended by Order 1 above, notwithstanding the provisions of section 439A(2) of the Act. 3. Liberty be granted to the First Plaintiffs to apply to the Court for any further extensions of the convening period referred to in Order 1 at any time prior to 31 March 2009. 4. Liberty to apply be granted to any person who can demonstrate sufficient interest to modify or discharge these orders upon appropriate notice being given to the Plaintiffs. 5. The costs and expenses of this application be costs and expenses of the administration of the Second Plaintiffs. 6. Further consideration of the Originating Process filed on 27 November 2008 be adjourned to 6 February 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.