In the Matter of Brickworks Markets Pty Ltd Carter, Bruce James [1997] FCA 301

CATCHWORDS CORPORATIONS LAW - directions sought by administrator under s 447D as to how to deal with lease - order sought by administrator under s 444C for leave to assign lease - lease granted by local government rating authority - whether clause obliging lessor to pay or discharge rates valid - construction of lease - orders not made. LEASES - lease granted by local government rating authority - clause obliging lessor to pay or discharge rates - lease valid when entered into as subject land not then rateable under Local Government Act 1934 (SA) - amendments to Act making leased land rateable - whether clause referred to then enforceable - whether local government rating authority could contract to itself pay or discharge rates assessed - clause valid but not operative whilst local government rating authority was lessor. Corporations Law ss 442C and 447D Local Government Act 1934 (SA) ss 168, 168(2), 182, 183, 185(3), 185(3)(b), 187, 188, Part IX and Part X York Corporation v Henry Leetham & Sons Ltd (1924) 1 Ch. 557 R W Miller & Co Pty Ltd v Shortland County Council (1988) 63 ALJR 124 Baker v Hedgecock (1888) 39 Ch.Div. 520 Kenyon v Darwen Cotton Manufacturing Company Ltd (1936) 2 KB 193 Archbolds (Freightage) Ltd v S. Spanglett Ltd [1961] 1 QB 374 Edler v Auerbach (1950) 1 KB 359 No SG 3132 of 1996 IN THE MATTER OF BRICKWORKS MARKETS PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 050 166 213 BETWEEN: BRUCE JAMES CARTER Applicant Mansfield J Adelaide 21 April 1997

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 3132 of 1996 ) GENERAL DIVISION )

IN THE MATTER OF BRICKWORKS MARKETS PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 050 166 213

BETWEEN: BRUCE JAMES CARTER Applicant MINUTES OF ORDER CORAM: Mansfield J PLACE: Adelaide DATE: 21 April 1997 THE COURT ORDERS THAT: