Re The Corporations Law In The Matter of GIGA Investments Pty Ltd (In liq) ACN 007 924 665 I & J Foods Ltd [1995] FCA 719

CATCHWORDS COSTS - costs order sought by applicant for order pursuant to s447A of Corporations Law - application for order that applicant recover its costs of action and in priority to former administrators - no trial on merits: factual material in supporting and answering affidavits not tested - discretion bestowed by Court by s447A of Corporations Law does not extend to varying statutory scheme of priorities upon winding up - alternative application that costs be paid by former administrators in personal capacity. CORPORATIONS LAW - costs - whether order may be made against a person not a party to proceeding. Corporations Law ss 439C, 440D, 443D, 443E, 443F, 447A, 449E, 600A, 600B, 600C, 1321, 1335(2), Division 12 of Part 5.3A, Subdivision D of Division 6 of Part 5.6 Corporations Regulations reg 5.2.26(3) Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 71 rr 10 and 34A Acts Interpretation Act 1901 (Cth) s 38 Corporations Act 1989 (Cth) s 56(2) Corporations (South Australia) Act 1990 (SA) s 42(3) Cretazzo v Lombardi (1975) 13 SASR 4 Australian Transport Insurance Pty Ltd & Anor v Graeme Phillips Road Transport Insurance Pty Ltd and Anor(1985) 10 FCR 177 Knight & Anor v F.P. Special Assets Limited & Ors (1992) 174 CLR 178 Re Wridgemont Display Homes Pty Ltd (1992) 39 FCR 193 Australian Securities Commission v Aust-Home Investments Limited & Ors (1993) 44 FCR 194 No. SG 3095 of 1995 RE: THE CORPORATIONS LAW - and - IN THE MATTER of GIGA INVESTMENTS PTY LTD (IN LIQUIDATION) ACN 007 924 665 I & J FOODS LIMITED Applicant Branson J Adelaide 8 September 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No. SG 3095 of 1995 ) GENERAL DIVISION ) RE: THE CORPORATIONS LAW - and - IN THE MATTER of GIGA INVESTMENTS PTY LTD (IN LIQUIDATION) ACN 007 924 665 I & J FOODS LIMITED Applicant REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 8 September 1995 On 30 June 1995 on the application of I & J Foods Limited I set aside a purported resolution of creditors of GIGA Investments Pty Ltd ("the company") to the effect that the company execute a deed of company arrangement. I ordered the administrator of the company to convene a further meeting of the creditors of the company to consider afresh the issues identified in s439C of the Corporations Law. Certain ancillary orders were also made. My reasons for making the orders of 30 June 1995 are set out in my reasons for judgment in this matter of that date. The further meeting of creditors of the company was held on 25 July 1995. At that meeting a resolution was unanimously passed that the company be wound up. Mr Robert Anthony