Elliott v Water Wheel Holdings Ltd (Subject to a Deed of Company Arrangement) [2004] FCAFC 253

FEDERAL COURT OF AUSTRALIA

Elliott v Water Wheel Holdings Ltd (Subject to a Deed of Company Arrangement) [2004] FCAFC 253

BANKRUPTCY – Whether judgment debts arising out of orders under s 588J(1) of the Corporations Law were available to found bankruptcy notices issued against the appellant – Whether the debts are assets covered by two deeds of company arrangement – Whether administrators acting under those deeds are competent to take bankruptcy proceedings on behalf of the companies.

Corporations Law ss 437A, 442A, 444A, 588G, 588J, 588L Corporations Regulations (Cth) Sch 8A cll 1, 2 Supreme Court (General Civil Procedure) Rules 1996 (Vic) r 66.12 JOHN DORMAN ELLIOTT v WATER WHEEL HOLDINGS LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) JOHN DORMAN ELLIOTT v WATER WHEEL MILLS PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) V 122 of 2004 V 196 of 2004 WILCOX, HEEREY and RD NICHOLSON JJ 10 SEPTEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 122 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: JOHN DORMAN ELLIOTT

APPELLANT

AND: WATER WHEEL HOLDINGS LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)

FIRST RESPONDENT

WATER WHEEL MILLS PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)

SECOND RESPONDENT JUDGES: WILCOX, HEEREY and RD NICHOLSON JJ

DATE OF ORDER: 10 SEPTEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay to the respondents their costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 196 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA