Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McGrath; in the matter of Pan Pharmaceuticals Ltd (in liq) v Australian Naturalcare Products Pty Limited (No 2) [2008] FCAFC 44
ANTHONY GREGORY MCGRATH AND CHRISTOPHER JOHN HONEY AS JOINT LIQUIDATORS OF PAN PHARMACEUTICALS LTD v AUSTRALIAN NATURALCARE PRODUCTS PTY LIMITED NSD 2506 OF 2006
EMMETT, STONE & ALLSOP JJ
7 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2506 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTHONY GREGORY MCGRATH AND CHRISTOPHER JOHN HONEY AS JOINT LIQUIDATORS OF PAN PHARMACEUTICALS LTD
Appellants
AND: AUSTRALIAN NATURALCARE PRODUCTS PTY LIMITED
Respondent
JUDGES: EMMETT, STONE & ALLSOP JJ DATE OF ORDER: 7 APRIL 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appellants pay 85% of the respondent's costs of the appeal, such costs to be paid out of the assets of Pan Pharmaceuticals Limited (in liquidation). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2506 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTHONY GREGORY MCGRATH AND CHRISTOPHER JOHN HONEY AS JOINT LIQUIDATORS OF PAN PHARMACEUTICALS LTD
Appellants
AND: AUSTRALIAN NATURALCARE PRODUCTS PTY LIMITED
Respondent
JUDGES: EMMETT, STONE & ALLSOP JJ
DATE: 7 APRIL 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
Emmett J 1 For the reasons published on 24 January 2008, I would have upheld the appeal and ordered that, in lieu of the orders of the primary judge, there be orders dismissing the proceeding with costs. I would have ordered Naturalcare to pay the Liquidators' costs of the appeal. I do not wish to make any comment on the order proposed by the majority that the Liquidators pay 85% of Naturalcare's costs of the appeal and that those costs be paid out of the assets of Pan.
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