Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xu v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2012] FCA 1425 Citation: Xu v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2012] FCA 1425
Parties: PEI XU v WAN ZE PROPERTY DEVELOPMENT (AUST) PTY LTD (IN LIQUIDATION) ACN 131 642 147 KE QIN REN v WAN ZE PROPERTY DEVELOPMENT (AUST) PTY LTD (IN LIQUIDATION) ACN 131 642 147
File number: NSD 1339 of 2012 NSD 1341 of 2012
Judge: BUCHANAN J
Date of judgment: 5 December 2012
Date of hearing: 5 December 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 11
Counsel for the Applicants: Mr M R Ellicott
Solicitor for the Applicants: James Lee Solicitors
Counsel for the Respondent: Mr D C Eardley
Solicitor for the Respondent: Downeys Lawyers Pty Ltd
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1339 of 2012
BETWEEN: PEI XU
Applicant
AND: WAN ZE PROPERTY DEVELOPMENT (AUST) PTY LTD (IN LIQUIDATION) ACN 131 642 147
Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 5 DECEMBER 2012 WHERE MADE: SYDNEY
THE COURT: 1. NOTES the undertaking given to the Court by the applicant. 2. NOTES the undertaking is in substitution for all previous undertakings given to the liquidator or the Supreme Court of New South Wales. 3. GRANTS liberty to the applicant to apply to vary the undertaking on seven days' notice. 4. NOTES that the undertaking is up to and including 5 June 2013, unless that period is varied pursuant to an application pursuant to liberty to apply. 5. RELIES on the undertaking given by Counsel for the applicant that the solicitor for the applicant will file a written undertaking on their behalf with the Court to prosecute the Supreme Court proceedings with all due dispatch. THE COURT ORDERS THAT: 6. The written undertaking referred to in Order 5 above is to be filed by 4 pm on Thursday, 6 December 2012. 7. Time to comply with the Bankruptcy Notice is extended up to and including 5 February 2013. 8. The proceedings are listed before Robertson J at 9.30 am on 5 February 2013. 9. The parties have liberty to apply. 10. Costs are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1341 of 2012
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