First affidavit of Daniel Mathew Bryant - Arnold Bloch Leibler

(e)he had real doubt that there is a replacement RE proposal in existence whichcould ever be acceptable to the AFP Receivers bearing in mind that the AFPLeases have been terminated;(f)the AFP Receivers have duties to realise the secured assets of the AFPTrusts, including the AFP Land, in an expeditious manner. The AFPReceivers are ready to commence a sale campaign for the AFP Land as soonas they are able to retake possession;(g)on taking possession of the AFP Land, the AFP Receivers have statutoryduties in relation to fire and regulatory compliance works on the AFP Land. lfthese works are not undertaken, they could give rise to a serious risk ofpersonal liability and also make it difficult to obtain insurance; and(h) the AFP Receivers are without income until a sale of the AFP Land is effected.72Now produced and shown to me marked "DMB-11" is a true copy of the affidavit ofPeter Anderson sworn 28 November 2012 less the exhibits.73The AFP 44OB(2) Application was heard by the Honourable Justice Robson of thisCourt on 29 November 2012 and 10, 11 and 12 December. On 19 December 2012,the Honourable Justice Robson handed down his judgment and, amongst otherthings, dismissed the AFP 4408(2) Application.74The rent free period expired on 31 January 2013. On this day, pursuant to section4438(3) of the Act, we issued a Form 5098 Notice on the AFP Receivers advisingthem that we did not intend to exercise any rights in respect of the AFP Land.75Now produced and shown to me marked'DMB-12" is a true copy of our5098 Noticeto the AFP Receivers dated 31 January 2013.767778By letter dated 4 February 2013, Minter Ellison, solicitors for the AFP Receivers,wrote to ABL, referring to the 5098 Notice and requesting permission for the AFPReceivers to retake possession of the AFP Land.Now produced and shown to me marked.DMB-13" is a true copy of the letterfromMinter Ellison to ABL dated 4 February 2013.By letters dated 6 February 2013, ABL responded to Minter Ellison on ourinstructions:18-$'