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Exhibit 8 for Affidavit of Peter Bruce Lucas

Exhibit 8 for Affidavit of Peter Bruce Lucas

Exhibit 8 for Affidavit of Peter Bruce Lucas

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IN THE SUPREME COURT OF VICTORIA AT MELBOURNECOMMERCIAL AND EQUITY DIVISIONCOMMERCIAL COURTCORPORATIONS LISTSCI 2013 2095IN THE MATTER OF GUNNS PLANTATIONS LIMITED (IN L1QUIDATION)(RECEIVERS & MANAGERSAPPOINTED)(ACN 091 232209) in its capacity as the responsible entity <strong>of</strong> the GUNNS WOODLOTPROJECTS 2002, 2003, 2004, 2005, 2006 AND 2008BETWEEN:DANIEL MATHEW BRYANT, IAN MENZIES CARSON and CRAIG DAVID CROSBIE (in their capacitiesas joint and several liquidators <strong>of</strong> GUNNS PLANATATIONS LIMITED (IN L1QUIDATION)(RECEIVERS &MANAGERS APPOINTED)(ACN 091 232209)AND:First PlaintiffsGUNNS PLANATATIONS LIMITED (IN L1QUIDATION)(RECEIVERS & MANAGERS APPOINTED)(ACN091 232 209) in its capacity as the responsible entity <strong>of</strong> the managed investment schemes listed inSchedule 1Second PlaintiffCERTIFICATE IDENTIFYING EXHIBITDate <strong>of</strong> document: 31 July 2013Filed on behalf <strong>of</strong>: Macquarie Forestry Services PtyLimited (interested party)Prepared by:Johnson Winter & SlatteryLawyersLevel 3455 Collins StreetMelbourne ViC 3000Solicitor's Code: 40411Tel: (03) 8611 1333Fax: (03) 8611 1300Ref: Chris ConnorEmail: chris.connor(fjws.com.auThis is the exhibit marked "PBL-8" now produced and shown to <strong>Peter</strong> <strong>Bruce</strong> <strong>Lucas</strong> at the time <strong>of</strong>swearing his affidavit on 31 July 2013.Be<strong>for</strong>e-Me:"~7'Name:Hester Leung1 Martin Place, Sydney NSW 2000An Australian Legal Practitioner within the meaning <strong>of</strong>the Legal Pr<strong>of</strong>ession Act 2004 (VIC)"PBL-8"Letter from <strong>Peter</strong> <strong>Lucas</strong> to the Liquidators, 25 July 2013


Macquarie Forestry Services Pty LimitedABN 17093752946A Member <strong>of</strong> the Macquarie Group <strong>of</strong> CompaniesNO.1 Martin PlaceSYDNEY NSW 2000GPO Box 4294SYDNEY NSW 1164AUSTRALIATelephoneEmailInternet1800640145Gun n sSchemes(¡macq uarie.commacquarie. com. a u/G un n sSche mes25 July 2013Daniel BryantPPB AdvisoryLevel 21, 181 William StreetMelbourne ViC 3000oMACQUARIEDear Mr BryantGunns Plantations Woodlot Projects 2002-2006 and 2008 (Schemes)We refer to the orders made by The Honourable Justice Robson on 31 May 2013 and amended on 6 June2013 in the proceeding In the matter <strong>of</strong> Gunns Plantations Limited (In Liquidation) (Receivers and ManagersAppointed) in its capacity as the responsible entity <strong>of</strong> the various schemes <strong>of</strong> which it is the responsible entity,which includes the Schemes (S CI 2013 02095) (Power <strong>of</strong> Sale Proceeding).In summary, the orders that were made include an order that the Liquidators are justified, if WA Blue GumLimited does not become the responsible entity <strong>of</strong>the Schemes by 31 July 2013, to procure GunnsPlantations Limited (In Liquidation) (Receivers and Managers Appointed) (GPL) to amend the constitution <strong>of</strong>the Schemes, pursuant to s601GC(1)(b) <strong>of</strong> the Corporations Act, to empower GPL to terminate, relinquish orsurrender the Project Documents and the Grower Rights.Our solicitors have notified Justice Robson's associate that we wish to have the Power <strong>of</strong> Sale Proceeding relistedbe<strong>for</strong>e His Honour on 5 August 2013 to hear an application to vary this order by extending the date <strong>of</strong>31 July 2013 to a date after the convening <strong>of</strong> a new meeting <strong>of</strong> growers in the Schemes, to consider a newproposaL. We are preparing affdavit material in support <strong>of</strong> that application that will be filed and served assoon as practicable.As you are aware, our counsel made submissions to Robson J at the hearing <strong>of</strong> the Liquidators' application asto why the operation <strong>of</strong> the Court's order should be delayed. Those arguments apply equally to the revisedproposal that we intend put be<strong>for</strong>e the Growers.For the Court's convenience, we have requested that our application be listed be<strong>for</strong>e Robson Jon 5 August2013, simultaneously with our interlocutory application in proceeding S CI 2013 3272.None <strong>of</strong> the entities noted in this document is an authorised deposit-taking institution <strong>for</strong> the purposes <strong>of</strong> the Banking Act 1959 (Commonwealth <strong>of</strong> Australia).The obligations <strong>of</strong> these entities do not represent deposits or other liabilities <strong>of</strong> Macquarie Bank Limited ABN 46 008 583 542 (MBL). MBL does not guaranteeor otherwise provide assurance in respect <strong>of</strong> the obligations <strong>of</strong> these entities.


Macquarie Forestry Services Pty LimitedHowever, we are concerned to maintain the status quo between 1 and 5 August 2013. In order to avoid theneed <strong>for</strong> an urgent hearing, we request that you provide by close <strong>of</strong> business Friday, 26 July 2013 anundertaking not to act on Robson J's orders in paragraphs 3 and 4 until hearing and determination <strong>of</strong>application referred to above.theYours faithfullyMacquarie Forestry Services Pty limited<strong>Peter</strong> <strong>Lucas</strong>Directorcc:cc:cc:Anthony May, W.A. Blue Gum LimitedBy email: TMayêherbertgeer.com.auBryan Webster, KordaMenthaBy email: bwebsterêkordamentha.comRay Merrick, Australian Securities and Investment CommissionBy email: ray.merrickêasic.gov.auWS:FP _Sydney:5776376:v3

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