In the matter of Kirby Street (Holding) Pty Limited

Judgment

1. [1]

   Following publication of reasons on 14 December 2011 ( Re Kirby Street (holding) Pty Ltd [2011] NSWSC 1536), the liquidator has submitted short minutes of the orders to be made.

2. [2]

   In particular, the liquidator has formulated the precise ancillary orders required to deal with the matters discussed at paragraphs [97] to [105] of the principal judgment.

3. [3]

   The orders of the court are as follows 1. Order pursuant to section 579E(1) of the Corporations Act 2001 (Cth) that the companies in the schedule to these orders, being the second plaintiffs and the defendant, are a pooled group for the purposes of section 579E of that Act. 2. Order pursuant to section 579G(1)(d) of the Corporations Act 2001 (Cth), that the application of that Act in relation to the winding up of the companies in the schedule to these orders be modified so that: (a) section 539 has effect as if the following additional paragraph were included in subsection (7) immediately before paragraph (c): (bb) the accounts (including assets, receipts and payments) under subsection (1) for the companies in the group may be consolidated; (b) section 548A has effect as if the following additional subsections were included therein: (6) For the purposes of this section, the "ADR Group" is the companies listed in the schedule to the orders made by the Supreme Court of New South Wales on 16 December 2011 in proceedings No 297593 of 2011. (7) On and from 16 December 2011 the committee of inspection for the ADR Group for the purposes of subsection (1) is taken to consist of Craig O'Sullivan, Mark Hurdis, Kathryn Tebbutt and John Zuqaing without the need for any meeting. 3. Order that the costs of these proceedings (including reserved costs) be costs in the pooled windings up of the said companies. 4. Grant lberty to apply for variation of these orders pursuant to section 579F or 579H of the Corporations Act or otherwise on 2 days' notice. SCHEDULE TO THESE ORDERS