JC International Investments Pty Limited v ZYX Learning Centres Limited (Formerly ABC Learning Centres Limited) (Receivers and Managers Appointed) (In Liquidation) [2011] FCA 1036

FEDERAL COURT OF AUSTRALIA

JC International Investments Pty Limited v ZYX Learning Centres Limited (Formerly ABC Learning Centres Limited) (Receivers and Managers Appointed) (In Liquidation) [2011] FCA 1036 Citation: JC International Investments Pty Limited v ZYX Learning Centres Limited (Formerly ABC Learning Centres Limited) (Receivers and Managers Appointed) (In Liquidation) [2011] FCA 1036

Parties: JC INTERNATIONAL INVESTMENTS PTY LIMITED ACN 128 344 767 v ZYX LEARNING CENTRES LIMITED (FORMERLY ABC LEARNING CENTRES LIMITED) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 079 736 664

File number(s): NSD 1776 of 2010

Judge: EMMETT J

Date of judgment: 22 July 2011

Legislation: Corporations Act 2001 (Cth) s 500(2)

Date of hearing: 22 July 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 6

Counsel for the plaintiff: DL Cook

Solicitor for the plaintiff: Maurice Blackburn

Counsel for the defendant: K Lawson

Solicitor for the defendant: Watson Mangioni

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1776 of 2010

BETWEEN: JC INTERNATIONAL INVESTMENTS PTY LIMITED ACN 128 344 767

Plaintiff

AND: ZYX LEARNING CENTRES LIMITED (FORMERLY ABC LEARNING CENTRES LIMITED) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 079 736 664

Defendant

JUDGE: EMMETT J DATE OF ORDER: 22 JULY 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The notice to produce filed on 22 December 2010 be set aside. 2. The defendant's notice of motion filed on 11 May 2011 otherwise be dismissed. 3. The plaintiff's notice of motion filed on 26 May 2011 be dismissed. 4. Pursuant to s 500(2) of the Corporations Act 2001 (Cth), the plaintiff have leave to commence and proceed with a civil proceeding against the defendant in the terms set out in the draft application and draft statement of claim that are, respectively, annexures BJS-B and BJS-C to the affidavit affirmed by Ben Slade on 17 December 2010. 5. The said leave be subject to the term that the plaintiff will not seek to enforce any judgment that it may obtain against the defendant without the further leave of the Court. 6. Liberty be granted to the parties to restore the proceeding on 48 hours' notice. 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.