Singleton, in the matter of Lehman Brothers Australia Limited (in liquidation) [2010] FCA 1491

FEDERAL COURT OF AUSTRALIA

Singleton, in the matter of Lehman Brothers Australia Limited (in liquidation) [2010] FCA 1491 Citation: Singleton, in the matter of Lehman Brothers Australia Limited (in liquidation)

Parties: NEIL GEOFFREY SINGLETON AND STEPHEN JAMES PARBERY IN THEIR CAPACITY AS LIQUIDATORS FOR LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 006 797 760

File number: NSD 1795 of 2010

Judge: RARES J

Date of judgment: 22 December 2010

Date of hearing: 22 December 2010

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 22

Counsel for the Applicants: C Newlinds SC and P Kulevski

Solicitor for the Applicants: Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1795 of 2010

IN THE MATTER OF LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 006 797 760 NEIL GEOFFREY SINGLETON AND STEPHEN JAMES PARBERY IN THEIR CAPACITY AS LIQUIDATORS FOR LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 006 797 760

Applicants

JUDGE: RARES J DATE OF ORDER: 22 December 1010 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 477(2B) of the Corporations Act 2001 the applicant liquidators' entry into so many deeds in, or substantially to the effect of, the form of deed being Exhibit B in the proceedings (described in the schedule below) as they consider appropriate, be approved. 2. Pursuant to s 479(3) of the Corporations Act 2001 (Cth) the opinion, advice and direction of the Court is that the applicants will be justified in entering into such deeds as are referred to in Order 1 as they consider appropriate for the purposes of the liquidation. 3. The costs of this application be costs in the liquidation. Schedule Exhibit Description Tendered by B The revised Deed of Alternative Dispute Resolution prepared after instructions in Court on 22 December 2010. Applicants