IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT LIST E CERTIFICATE IDENTIFYING EXHIBIT

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1 IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT LIST E S CL 2010 cy'~1 IN THE MATTER OF THE MANAGED INVESTMENT SCHEMES LISTED IN SCHEDULE 1 TIMBERCORP SECURITIES LIMITED (IN LIQUIDATION) ACN IN ITS CAPACITY AS RESPONSIBLE ENTITY OF THE MANAGED INVESTMENT SCHEMES LISTED IN SCHEDULE 2 AND ORS ACCORDING TO SCHEDULE 1 Plaintiffs TGG ALMOND COMMITTEE INC (A A) AND ORS ACCORDING TO SCHEDULE 1 CERTIFICATE IDENTIFYING EXHIBIT Defendants Date of document: 24 February 2010 Filed on behalf of: the Plaintiffs Prepared by: ARNOLD BLOCH LEIBLER Lawyers Advisers Level Collins Street MELBOURNE 3000 Solicitor's Code: 54 DX Melbourne Tel: Fax: Ref: (Leon Zwier - Izwier( abl.com.au) This is the exhibit marked "MAK-23" now produced shown to MARK ANTHONY KORDA at the time of swearing his affidavit on 24 February ~NNAll!;!RV\l.\~\' Before me: Aniüid Bbi.i11 U;ijbi0r...~;~G;iI.lß'J...2.t'ï...8zl.t;;...GeHM.'t~;...St~~f);.?:... M"jii.rr,ô.Vtt? ~K,j::O An hustre.limi L.l!i~!.ì PIï'dItKx~,M \~'I1Y 'ni;""~ moo1:x: 1ì;i'iïJif"i1'it\lIÄ'.t~2 3 " Originating Motion dated 15 December 2009 Amended Originating Motion dated 23 December 2009 (Sei )

2 Form 5C Rules 5.02(2), 45.05(2)(b) IN THE SUPREME COURT OF VICTORIA AT MELBOURNE u. S'l E COMMERCIAL AND EQUITY DIVISION - COMMERCIAL COURT No. ~ C\' ~ lo8~ BETWEEN: BOSI SECURITY SERVICES LIMITED (A.C.N ) as trustee for AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) BOS INTERNATIONAL (AUSTRALIA) LIMITED (A.C.N ) WESTPAC BANKING CORPORATION (A.C.N ) Plaintiff AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) & ORS (according to the attached Schedule) Defendants ORIGINA TING MOTION Date of document: 15 December 2009 Filed on behalf of: The Plaintiff Prepared by: Blake Dawson Level Wiliam Street MELBOURNE VIC 3000 Solicitor's Code: 53 DX: 187 Tel: (03) Fax: (03) i 11 Ref: RWM CHFE Attention: Mr R McClymont ross. mcclymont (q blakeda~son.c~,m,_ TO THE DEFENDANTS TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below. IF YOU INTEND TO DEFEND the proceeding you must attend before the Court at the time place named in the summons served with this originating motion. FILED ('~ H ProtbÕñntCll'Y THIS ORIGINATING MOTION is to be served within.one year from the date it is filed or within such further period as the Court orders.

3 2 THE PLAINTIFF SEEKS THE FOLl,OWING ORDERS: 1. Pursuant to Rule 4S.05 of the Supreme Court (General Civil Procedure) Rules 2005 (Vie) the requirements of Rules 5.03(1) 8.02 are dispensed with. 2. Pursuant to Rule of the Supreme Court (General Civil Procedure) Rules 2005 (Vie) the plaintiff has leave to proceed by originating motion in Form Se. 3, A declaration as to what, if any, right the plaintiff has to the sale proceeds held on trust by the second defendant pursuant to paragraph 7 of the orders made by the Honourable Justice Robson on 9 October 2009 in proceeding No of 2009 (Orders). 4. A declaration as to what, if any, right the first defendant has to the sale proceeds held on trust by the second defendant pursuant to paragraph 7 of the Orders. 5. A declaration as to how the sale proceeds held on trust by the second defendant pursuant to paragraph 7 of the Orders ought to be distributed between the plaintiff the first defendant. 6. Any other order the Court deems fit. DATE Is ~~ ioo~ ~~~ Da~...,...,......'...t... Blake Dawson Solicitors for the Plaintiff

4 3 I. Place of trial- Melbourne. 2. This originating motion was fied for the plaintiff by Blake Dawson, of Level26, 181 Wiliam Street, Melbourne VIC The address of the plaintiff is Level 27,45 Clarence Street, Sydney NSW The address for service of the plaintiff is at the offices of Blake Dawson, of Level 26, 181 WiIlam Street, Melbourne vie The address of the first defendant is Level 14, 100 Queen Street, Melbourne vie The address of the second defendant is Level 8, 461 Bourke Street, Melbourne vie The address of the third defendant is Level 24, 333 CoIlns Street, Melbourne, VIC The address of the fourth defendant is Level 24, 333 CoIlns Street, Melbourne, vie 3000.

5 4 SCHEDULE IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT BETWEEN: No. BOSI SECURITY SERVICES LIMITED (A.C.N ) as trustee for AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) BOS INTERNATIONAL (AUSTRALIA) LIMITED (A.C.N ) WESTPAC BANKING CORPORATION (A.C.N ) Plaintiff AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) ALMOND LAND PTY LTD (IN LIQUIDATION) (A.C.N ) First Defendant Second Defendant MARK ANTHONY KORDA (in his capacity as liquidator of Almond L Pty Ltd (in liquidation)) WO"''''''',,,,,, Third Defendant LEANNE KYLlE CHESSER (in her capacity)as liquidator of Almond L Pty Ltd (in liquidation)) Fourth Defendant

6 IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COlvlMERCIAL AND EQ1JITY DIVISION COMMERCIAL COURT BETWEEN: LIST E S CL 2009 i 0699 HOSI SECURITY SERVICES LIMITED AS TRUSTEE FOR AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED AND BQS INTERNATIONAL (AUSTRALIA) LIMITED AND WESTPAC BANKING CORPORATION Plaintiff - - AUSTRALIA AND NEW ZEALAND BANKING GROUP Defendants LIMITED (ACN ) othcrs according La thc schedule attached GENERAL FORM OF ORDER JUDGE: The Honourable Justice Davies DA TB MADE: 22 December 2009 ORIGINATING PROCESS: Originating Motion fied I5 December 2009 HOW OBTAINED: On relull of the order of the Honourable Justice Davies made l8 December 2009 ATTENDANCE: M1' P Anastassiou of Senior Counsel for the Plaintiff Mr. M Moshinsky of Senior Counsel with Ms, W Harris of Counsel for the First Defendant Mr. L Zweir, Solicitor for the Second to Fom1h Defendants Mr. G Bigmore of Her Majesty's Counsel with Mr. S Hopper of Counsel for Garry Goldenberg, Christopher Mark Littley, Constantine Moshopoulos ancl David Biitterfield ORDTDCI110,DOC J/'::'~~;:~';:;~;-~"'~''''..- ~" M r. I,) J O'~allaghan of Senior Counsel WithdK~,/,..:'"'"~"':':";:\ Mr. C Archibald of Counsel for Kerry Anne B r '\\':: \ the TOG Almond Committee Inc. ~ \, J '~~~,~;;A/

7 None COURT ORDERS THAT: Pursuant to rule of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) the requirements of Rules 5.03(1) 8.02 are dispensed with. Pursuant to rule of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) the Plaintiff has leave to proceed by originating motion in Form 5C. Pursuant to rule 16,01(2) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic): (a) Graham Goldenberg is appointed as the representative of the Growers in the 2002 Timbercorp Almond Project (ARSN ); (b) Christopher Mark Littley is appointed as the representative of the Growers in the 2005 Timbercorp Almond Project (ARSN ); (c) Constantine Moshopoulos is appointed as the representative of the Growers in the 2006 Timbercorp Almond Project (ARSN ); (d) David Butterfield is appointed as the representative of the Growers in the 2007 Timbercorp Almond Project (ARSN ); David Butterfield is appointed as the representative of the Growers in the unregistered managed investment scheme known as the 2002 Timbercorp Almond Project (Private Offer No 1). The persons appointed pursuant to paragraph 3 above, are joined as the Fifth, Sixth, Seventh Eighth Defendants in the proceeding pursuant to rule 9.02 /or rule 9.06(b) of the Supreme Court (General Civil Procedure) Rules 2005 (Vie), Plaintiff is granted leave to file serve an amended originating motion on the Defendants on or before 4:00pm 23 December 2009: incorporating a declaration as to what, if any, right the Growers represented by the Fifth, Sixth, Seventh Eighth Defendants have to the sale proceeds held on trust by the Second Defendant pursuant to paragraph 7 of the I, I J

8 (b) amending paragraph 5 of the originating motion to read "A declaration as to how the sale proceeds held on trust by the second defendant pursuant to paragraph 7 of the Orders ought to be distributed between the plaintiff the first, fifth, sixth, seventh eighth defendants." 6, The parties fie serve a list of documents on which they intend to rely in relation to the issue of what right. if any, they have to the net sale proceeds (the Funds) to be held on trust by the second defendant pursuant to paragraph 7 of the orders (the Rights Issue) on or before 4:00pm on 12 February 2010, 7, The parties file serve on or before 4:00pm on 19 February 2010: (ll) \vritten contentions of fact law addressing the Rights Issue (the Rights Con ten tioiis); (b) any affidavit material upon which they wish to rely in relation to the Rights Issue. 8. The parties file serve on or before 4:00pm on 5 March 2010: (a) writlen contentions of fact law in reply to the Rights Contentions; (b) any affidavit material upon which they wish to rely by way of reply in relation to the l~ights Issue. 9. Each party serve a copy of the documents referred to in paragraphs 6, 7 8 upon TGG Almond Committee Inc any other document filed in the proceeding from the date of th is order at the same time as the document is served upon a party to the proceed ing. 10, The Liquidators of the Second Defendant pay from the Funds to Clarendon Lawyers, the solicitors for the Fifth, Sixth, Seventh Eighth defendants, the legal costs disbursements incurred in this proceeding by the Fifth, Sixth, Seventh Eighth Defendants in complying with paragraphs 6, of this order on a solicitor client basis pursuant to rule 63.32(2)(a) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) up to a maximum of $100,000 within 14 days of /.",.,~'~).; /'. ~_;:- cc".::,..;,-j.., presentation to the Liquidator by Clarendon Lawyers of a tax invoice for thri...f)~.,c--"c:'~..; ~,~f ' r ~ti;:;,,;~;.~s(?6 r'/.

9 costs disbursements, such tax invoices rcndercd by Clarcndon Lawycrs with frequency as it sees fit. The proceeding is listed for further directions at 10 :OOain on 12 M arch 20 I O. Costs of today are reserved. Liberty to apply. AUTHENTICATED: 4 December 2010

10 . ~ SCHEDULE OF PARTIES S cr BETWEEN: BOSI SECURITY Sl.:RvrCES LIMrTED (ACN ) as triistee for AUSTRALIA AND NEW ZEALAND BANKINCì G1~OUP LIMITED (ACN ) WI;:STPAC BANKING CORPORATION (ACN ) Plaintiff - ancl - AUSTRALIA AND NEW ZEALAND BANKING GROUP First Defendant LIMITED (ACN ) I\LMOND LAND PTY LTD (IN UQ) Second Defendant (ACN (9) ) MARK ANTHONY KORDA (in his capacity as liquidator Third Defendant of Almond L Pty Lld (in l g)) LEA NNE KYLIE CTTESSER (in her capacity as liquidator fiourth Defendant of Almoncl L Pty Lld (in liq))

11 Form 5C Rules 5.02(2), 45.05(2)(b) IN THE SUPREME COURT OF VICTORIA AT MELBOURNE L.\ ~--. COMMERCIAL AND EQUITY DIVISION.. COMMERCIAL COURT BETWEEN: No. ScI200 BOSI SECURITY SERVICES LIMITED (A.C.N ) as trustee for AUSTRAI,IA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) BOS INTERNATIONAL (AUSTRALIA) LIMITED (A.C.N ) WESTPAC BANKING CORPORATION (A.C.N ) Plaintiff \of,t1cì AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) & ORS (according to the attached Schedule) Defendants AMENDED ORIGINATING MOTION Amended pursuant to the Orders of the Honourable Justice Davies made 22 December 2009 Date of document: 23 December 2009 Filed on behalf of: The Plaintiff Prepared by: Blake Dawson Level Wiliam Street MELBOURNE VIC 3000 Solicitor's Code: 53 DX: 187 Tel: (03) Fax: (03) Ref: RWM CHFE Attention: Mr R McClymont ross.mcc1xmontæiblakedawson.com TO THE DEFENDANTS TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below. FILED ifq j i?; IF YOU INTEND TO DEl~END the proceeding you must attend before the Court at the time place named in the summons served with thm's.;; TilS ORIGINATING MOTION is to be served within one year from the date it is fied or within such further period as the Court orders.

12 2 THE PLAINTIFF SEEKS THE FOLLOWING ORDERS: 1. Pursuant to Rule of the Supreme Court (General Civil Procedure) Rules 2005 (Vie) the requirements of Rules 5.03(1) 8.02 are dispensed with. 2. Pursuant to Rule of the Supreme Court (General Civil Procedure) Rules 2005 (Vie) the plaintiff has leave to proceed by originating motion in Form 5e. 3. A declaration as to what, if any, right the plaintiff has to the sale proceeds held on trust by the second defendant pursuant to paragraph 7 of the orders made by the Honourable Justice Robson on 9 October 2009 in procecding No of 2009 (Orders). 4. A declaration as to what, if any, right the first defendant has to the salc proceeds held on trust by the second defendant pursuant to paragraph 7 of the Orders. 5. A declaration as to what. If any right the Growers tepresentcd by the fifth, sixth, seventh eight defendants have to the sale proceeds h.eld on trtst byjhe secoiicl defendant pursuant to paragraph 7 of the Orders. 6. A declaration as to how the sale proceeds held on trust by the second defendant pursuant to paragraph 7 of the Orders ought to be distributed between the plaintiff the first.. fifth, sixth, seventh eighth defendant. 7. Any other order the Court deems fit. DATE 2) br/ ~ bv 1&0'1 It.. ~ r.... Lt ~~..., Blake Dawson Solicitors for the Plaintiff

13 3 i. Place of trial - Melbourne. 2. This originating motion was fied for the plaintiff by Blake Dawson, of Level 26, 181 Wiliam Street, Melbourne VIC , The address of the plaintiff is Level 27, 45 Clarence Street, Sydney NSW The address for service of the plaintiff is at the offces of Blake Dawson, of Level 26, 181 Willam Street, Melbourne VIC The address of the first defendant is Level 14, 100 Queen Street, Melbourne VIC The address of the second defendant is Level 8, 461 Bourke Street, Melbourne VIC The address of the third defendant is Level 24, 333 Collins Street, Melbourne, VIC The address of the fourth defendant is Level 24, 333 Collins Street, Melbourne, VIC The address of the fifth sixth seventh ei htb defendants i CJarendon Law Cl'S of Level 17 Rit\lto North Tower 525 Co vie

14 4 SCHEDULE IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT ßETWEEN: No. BOSI SECURITY SERVICES LIMITED (A.C.N ) as trustee for AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) BOS INTERNATIONAL (AUSTRALIA) LIMITED (A.C.N ) WESTPAC BANKING CORPORATION (A.C.N ) Plaintiff AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (A.C.N ) ALMOND LAND PTY LTD (IN LIQUIDATION) (A.C.N ) First Defendant Second Defendant MARK ANTHONY KORDA (in his capacity as liquidator of Almond L Pty Ltd (in liquidation)) Third Defendant LEANNE KYLIE CHESSER (in her capacity as liquidator of Almond L Pty Ltd (in liquidation)) Fourth Defendant GRAHAM GOLDENBERG (as the representative of the Growers in the 2002 Timbercorp Almond Project (ARSN ) i. i.1.'.. (\?5)?'~"ì\Yi",.f'~'::'~"A. ; " ond CHRISTOPHER MARK LITTLEY as the re resentative of the Growers in the 2005 Tiuibercoì' ) l:.!'lt Ii."'" '. ~"..'.""'./i'. :'j.. "~,, in Sixth Defendant

15 5 CONSTANTINE MOSHOPOULOS (as the rcllt'escntative of' the GrowCl.sin the 20061'imhercorl) AlnmndPl'oiect (ARSN U ) Seventh Defendant