In the matter of Zegrob Pty Limited (No 2)

[2006] FCA 599

FEDERAL COURT OF AUSTRALIA

In the matter of Zegrob Pty Limited (No 2) [2006] FCA 599

MEDIA CORPORATION AUSTRALIA LIMITED
(RECEIVERS AND MANAGERS APPOINTED) (ACN 003 072 455) v
ZEGROB PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED)
(ACN 101 194 281)

NSD 733 of 2006

JACOBSON J
12 MAY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 733 OF 2006

IN THE MATTER OF ZEGROB PTY LIMITED
(RECEIVERS AND MANAGERS APPOINTED) (ACN 101 194 281)

BETWEEN:	MEDIA CORPORATION AUSTRALIA LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ACN 003 072 455) PLAINTIFF
AND:	ZEGROB PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ACN 101 194 281) DEFENDANT
JUDGE:	JACOBSON J
DATE OF ORDER:	12 MAY 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Zegrob Pty Limited be wound up.

2.Mark William Pearce of Pearce and Heers is appointed the liquidator of the corporation.

3.The plaintiff’s costs [including reserved costs if any] be taxed and reimbursed out of the property of the corporation.

4.Pursuant to Rule 1.3 of the Corporations Rules, service of the document indicating consent to act as a liquidator is dispensed with.

5.These orders be entered forthwith.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 733 OF 2006

IN THE MATTER OF ZEGROB PTY LIMITED
(RECEIVERS AND MANAGERS APPOINTED) (ACN 101 194 281)

BETWEEN:	MEDIA CORPORATION AUSTRALIA LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ACN 003 072 455) PLAINTIFF
AND:	ZEGROB PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ACN 101 194 281) DEFENDANT
JUDGE:	JACOBSON J
DATE:	12 MAY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application to wind up the defendant company.  The application is made under s 459P and s 461(1)(k) of the Corporations Act 2001 (Cth).

2. Lindgren J appointed Mark William Pearce of Pearce and Heers, Insolvency Accountants, Brisbane to be the provisional Liquidator of the company on 18 April 2006. 

3. The evidence that was read in support of today's application is as follows:  an affidavit of Christopher John Palmer sworn 18 April 2006; an affidavit of Mark William Pearce sworn 24 April 2006; an affidavit of Daniel Edward Ryan sworn 20 April 2006; an affidavit of David John Dallow sworn 20 April 2006; an affidavit of Noel Richard McCoy sworn 12 May 2006.

4. Mr McCoy is the solicitor for the plaintiff company and makes today's application.  I am satisfied that there is evidence of insolvency and that the originating process and all relevant material has been served, other than the consent of the Liquidator to act as Liquidator.  I have dispensed with the need for the rule requiring service of that consent.  I note that there is evidence before me that the defendant consents to the making of a winding up order.

5. I will make orders in terms of paragraphs 1, 2 and 3 of the short minutes of order handed up in court today which I will sign and date and place with the court papers.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:             22 May 2006

Solicitor for the Plaintiff:	The Argyle Partnership
Date of Hearing:	12 May 2006
Date of Judgment:	12 May 2006