Australian Capital Reserve Limited (In Liquidation), in the matter of Australian Capital Reserve Limited (In Liquidation) [2011] FCA 461

FEDERAL COURT OF AUSTRALIA

Australian Capital Reserve Limited (In Liquidation), in the matter of Australian Capital Reserve Limited (In Liquidation) [2011] FCA 461 Citation: Australian Capital Reserve Limited (In Liquidation), in the matter of Australian Capital Reserve Limited (In Liquidation) [2011] FCA 461

Parties: GREGORY WINFIELD HALL AND IAN ROBERT ENGLAND IN THEIR CAPACITIES AS JOINT AND SEVERAL LIQUIDATORS OF AUSTRALIAN CAPITAL RESERVE LIMITED (IN LIQUIDATION)

File number(s): NSD 1893 of 2008

Judge: EMMETT J

Date of judgment: 31 March 2011

Legislation: Corporations Act 2001 (Cth) ss 477(1)(a), 477(2)(m), 506, 511

Date of hearing: 31 March 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 13

Counsel for the plaintiff: Mr T. F. Bathurst QC

Solicitors for the plaintiff: Baker & McKenzie

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1893 of 2008

IN THE MATTER OF AUSTRALIAN CAPITAL RESERVE LIMITED (IN LIQUIDATION) GREGORY WINFIELD HALL AND IAN ROBERT ENGLAND IN THEIR CAPACITIES AS JOINT AND SEVERAL LIQUIDATORS OF AUSTRALIAN CAPITAL RESERVE LIMITED (IN LIQUIDATION)

Plaintiffs

JUDGE: EMMETT J DATE OF ORDER: 31 MARCH 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Plaintiffs have leave to file in Court: (a) the Affidavit of Gregory Winfield Hall sworn 30 March 2011; and (b) the Affidavit of Michael John Britton sworn 29 March 2011. 2. The Interlocutory Process filed on 30 March 2011 be heard forthwith. 3. Pursuant to Order 6 rule 9 of the Federal Court Rules, Phillip Patrick Carter be removed as a joint plaintiff in the proceedings. 4. Pursuant to Order 6 rule 8 of the Federal Court Rules, Ian Robert England be added as a joint plaintiff in the proceedings. 5. Until further order of a judge of this Honourable Court, paragraphs 63, 64, 66, 67, 75, 78, and 90 to 112 of the Affidavit of Gregory Winfield Hall sworn on 30 March 2011 in these proceedings and "Confidential Exhibit GWH-4" to that Affidavit each be kept confidential on the Court file, and no person (other than a party to these proceedings or its solicitors on record) be permitted access to those documents on the Court file without prior order of a judge of this Honourable Court. 6. Until further order of a judge of this Honourable Court, paragraphs 20, 21, 26 and 34 of the Affidavit of Michael John Britton sworn on 29 March 2011 in these proceedings and "Confidential Exhibit MJB-2" to that Affidavit each be kept confidential on the Court file, and no person (other than a party to these proceedings or its solicitors on record) be permitted access to those documents on the Court file without prior order of a judge of this Honourable Court. 7. Pursuant to s 511 of the Corporations Act 2001 (Cth), the Plaintiffs have power under s 506 of the Corporations Act to cause Australian Capital Reserve Limited (in liquidation) to enter into, and to perform its obligations under, an Implementation Agreement proposed to be made between Australian Capital Reserve Limited (in liquidation), Becton Property Group Limited, Becton Property Management Limited as responsible entity of Becton Property Trust, BOS International (Australia) Limited and Sandhurst Trustees Limited substantially in the form tendered by the Plaintiffs at the hearing of these proceedings on 31 March 2011. 8. The Plaintiffs' costs of and incidental to this Interlocutory Process be paid as an expense of the winding up of Australian Capital Reserve Limited (in liquidation). 9. These orders be passed and entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.