Wily, in the matter of JLB Projects Pty Limited (In Liquidation) (ACN 104 383 342)

[2005] FCA 1437

FEDERAL COURT OF AUSTRALIA

Wily, in the matter of JLB Projects Pty Limited (In Liquidation) (ACN 104 383 342) [2005] FCA 1437

CORPORATIONS – application pursuant to r 11.10(2) of the Federal Court (Corporations Rules) 2000 – non-compliance with summons to attend for examination – warrant for arrest issued.

Corporations Act 2001 (Cth), s 596A
Federal Court (Corporations) Rules 2000 (Cth), r 11.10(2)

IN THE MATTER OF JLB PROJECTS PTY LIMITED (IN LIQUIDATION)
ANDREW HUGH JENNER WILY AS LIQUIDATOR FOR JLB PROJECTS PTY LIMITED (ACN 104 383 342)
NSD 1788 OF 2005

GYLES J
10 OCTOBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1788 OF 2005

IN THE MATTER OF JLB PROJECTS PTY LIMITED (IN LIQUIDATION)
(ACN 104 383 342)

ANDREW HUGH JENNER WILY AS LIQUIDATOR FOR JLB PROJECTS PTY LIMITED (ACN 104 383 342) APPLICANT
JUDGE:	GYLES J
DATE OF ORDER:	10 OCTOBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        A warrant issue for the arrest of James Joseph Charles Bezzina.

2.Notice of this order for the issue of a warrant for the arrest of the said James Joseph Charles Bezzina be communicated forthwith by the applicant to the Commissioner of the Australian Federal Police for the purpose of enforcement at ports of arrival and departure to and from the Commonwealth of Australia.

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 1788 OF 2005

IN THE MATTER OF JLB PROJECTS PTY LIMITED (IN LIQUIDATION)
(ACN 104 383 342)

ANDREW HUGH JENNER WILY AS LIQUIDATOR FOR JLB PROJECTS PTY LIMITED (ACN 104 383 342)
APPLICANT

JUDGE:	GYLES J
DATE:	10 OCTOBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application pursuant to r 11.10(2) of the Federal Court (Corporations) Rules2000 (Cth).

2. On 24 September last James Joseph Charles Bezzina was served with a summons to appear before this Court at 10.15 am this morning for examination about the examinable affairs of JLB Projects Pty Limited pursuant to s 596A of the Corporations Act 2001 (Cth). When the matter was called at that time there was no appearance by the examinee before the Registrar of the Court and there has been no appearance to date.

3. The evidence shows that no statement of affairs has been lodged with the liquidator in relation to the company JLB Products Pty Limited.  There has been no reply to correspondence from the liquidator to the examinee.  There appears to be no reason or excuse, reasonable or otherwise, for default in attendance at the examination at the time and place appointed for that.  Under the circumstances an order will be made that a warrant issue for the arrest of the examinee.

4. I order:

   (1)       That a warrant issue for the arrest of James Joseph Charles Bezzina.

   (2)Notice of this order for the issue of a warrant for the arrest of the said James Joseph Charles Bezzina be communicated forthwith by the applicant to the Commissioner of the Australian Federal Police for the purpose of enforcement at ports of arrival and departure to and from the Commonwealth of Australia.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Associate:

Dated:             12 October 2005

Solicitor for the Applicant:	S Levitt of Levitt Robinson Solicitors
Date of Hearing:	10 October 2005
Date of Judgment:	10 October 2005