ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No. 9) [2009] FCA 1462

FEDERAL COURT OF AUSTRALIA

ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No. 9) [2009] FCA 1462

Corporations Act 2001 (Cth) ss 438D, 443A, 443D, 447D, 477(2B), 596A, 596B PETER WALKER & GREGORY MOLONEY (IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF ABC LEARNING CENTRES LTD (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) (ACN 079 736 664) & THE COMPANIES LISTED IN SCHEDULE 1 and ABC LEARNING CENTRES LTD (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) (ACN 079 736 664) & THE COMPANIES LISTED IN SCHEDULE 1

NSD 1846 of 2008

EMMETT J

22 OCTOBER 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1846 of 2008

GENERAL DIVISION

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

First Plaintiffs

ABC LEARNING CENTRES LTD (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) ACN 079 736 664 & THE COMPANIES LISTED IN SCHEDULE 1

Second Plaintiffs

JUDGE: EMMETT J

DATE OF ORDER: 22 OCTOBER 2009

WHERE MADE: SYDNEY

THE COURT DIRECTS THAT: 1. Pursuant to Section 447D of the Corporations Act 2001 (Cth) ("the Act"), the First Plaintiffs/Applicants ("the Administrators") are justified in entering into a litigation funding agreement with IMF (Australia) Ltd in relation to proposed public examinations to be conducted along the lines described in the affidavit of Gregory Michael Moloney sworn on 20 October 2009 and filed in these proceedings. 2. Pursuant to Section 447D of the Act, the First Plaintiffs/Applicants are justified, upon appropriate terms as to confidentiality, in providing access to IMF (Australia) Ltd of documents that are in the possession of the First Plaintiffs/Applicants and/or the Second Plaintiffs and to documents that are produced to the Court or the First Plaintiffs/Applicants or provided to counsel in relation to such public examinations. THE COURT ORDERS THAT: 3. The confidential exhibits "GMM3" and "GMM4" to the affidavit of Gregory Michael Moloney sworn on 20 October 2009 be kept in the Court file in this proceeding in a sealed envelope marked "Confidential – Not to be opened by any person without further order of a Judge of this Court and giving the First Plaintiffs/Applicants, care of their Solicitors, Kemp Strang, at least 48 hours' prior notice of any application seeking an order, or alternatively, the exhibits returned". 4. The First Plaintiffs'/Applicants' costs and expenses of the application be costs and expenses of the administration of the Second Plaintiffs.