Macquarie University v Macquarie University Union Limited

[2007] FCA 743

FEDERAL COURT OF AUSTRALIA

Macquarie University v Macquarie University Union Limited [2007] FCA 743

MACQUARIE UNIVERSITY AND ANOR v MACQUARIE UNIVERSITY UNION LIMITED (ABN 91 085 197 600) (PROVISIONAL LIQUIDATOR APPOINTED)

NSD 784 OF 2007

LINDGREN J
17 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 784 OF 2007

BETWEEN:

MACQUARIE UNIVERSITY
First Plaintiff

ROBERT TONGUE
Second Plaintiff

AND:

MACQUARIE UNIVERSITY UNION LIMITED
(ABN 91 085 197 600)
(PROVISIONAL LIQUIDATOR APPOINTED)
Defendant

JUDGE:

LINDGREN J

DATE OF ORDER:

4 MAY 2007

WHERE MADE:

SYDNEY

UPON THE FIRST APPLICANT BY ITS COUNSEL GIVING THE USUAL UNDERTAKINGS AS TO DAMAGES, THE COURT ORDERS THAT:

1. The originating process and interlocutory process be filed in Court returnable instanter.

1. Trevor Mark Pogroske be appointed as official liquidator provisionally of the defendant.

1. The provisional liquidator be given all the powers of a liquidator under s 477 of the Corporations Act 2001.

1. A sealed copy of the orders made today be served on the defendant by facsimile transmission to its office by 5.00 pm today.

1. The originating process, interlocutory process and affidavits of Alfonso Alvaro Maccioni, Katrina Carrol Jacobson and Robert Tongue be served together with a copy of these orders by 9.30 am on 7 May 2007.

1. The proceeding be returnable before the Court at 9.30 am on 8 May 2007.

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 784 OF 2007

BETWEEN:

MACQUARIE UNIVERSITY
First Plaintiff

ROBERT TONGUE
Second Plaintiff

AND:

MACQUARIE UNIVERSITY UNION LIMITED
(ABN 91 085 197 600)
(PROVISIONAL LIQUIDATOR APPOINTED)
Defendant

JUDGE:	LINDGREN J
DATE:	17 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION

1. Late on Friday 4 May 2007, as Corporations Duty Judge, I appointed Trevor Mark Pogroske as official liquidator provisionally of the defendant, Macquarie University Union Limited (“MUU”).  I did so for the following reasons.

2. By the originating process, the plaintiffs sought an order that MUU be wound up on the just and equitable and oppression grounds, and an order that Mr Pogroske be appointed liquidator.  The originating process was filed in Court on 4 May 2007, as was the interlocutory process seeking the appointment of Mr Pogroske as provisional liquidator.

3. By the interlocutory process, the plaintiffs sought, in the alternative, an order restraining MUU from operating all its bank accounts except in the ordinary course of its business, and an order restraining MUU from making payments to Macquarie University Students’ Council Incorporated (“MUSC”) or to MUU’s directors or to any person or entity related to those directors.

4. The basis of the application is that certain directors of MUU have brought about a change in the signatories to its bank account, from which they have transferred sizeable amounts of money into the bank account of MUSC in unusual circumstances recounted below.

5. I was persuaded that the appointment of a provisional liquidator was more appropriate than the granting of injunctive relief, because…