Allan Fitzgerald Pty Ltd (in liq), Re [1994] QSC 367

TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) SUPREME COURT OF QUEE~SLAND CIVIL JURISDICTION FRYBERG J No 147 of 1987 IN THE MATTER OF THE COMPANIES (QLD) CODE REVISED COPIES ISSUED State Reporting Bureau Date /fa 1 tl.; IN THE MATTER OF ALLAN FITZGERALD PTY LTD (IN LIQUIDATION) BRISBANE .. DATE 09/12/94 ORDER 1 -- 1 of 2 -- 091294 mls (Fryberg J) HIS HONOUR: I order that upon Kenneth Charles Miller and Lorraine Vida Miller undertaking not to prove as creditors in the winding up of the company, Alan Fitzgerald Pty Ltd, the liquidator be authorised to compromise all of his claims against the Millers pursuant to section 368 and section 451 of the Companies (Queensland) Code by discontinuing his claim and 10 seeking no order for costs. I order that the application of 22 July 1991 by the liquidator against the Millers be dismissed, by consent, with no order as to costs. I order that action number 351 of 1992 be dismissed, by consent, with no order as to costs. I order in those terms in accordance with the draft initialled by me and placed with the papers. c c ~·· l 50 60 ORDER 2 -- 2 of 2 --