In the matter of Ansett Australia Limited and Mentha [2001] FCA 1806 (orders dated 14 December 2001 )

FEDERAL COURT OF AUSTRALIA

In the matter of Ansett Australia Limited and Mentha [2001] FCA 1806 CORPORATIONS LAW – external administration – application under ss 447A and 447D of the Corporations Act 2001 (Cth) – deed between administrators and Commonwealth of Australia relating to priority of repayment of payments by Commonwealth in respect of employee entitlements – whether administrators may properly and justifiably execute deed – order sought that Pt 5.3A of the Corporations Act 2001 (Cth) operates such that payments by Commonwealth are debts incurred by administrators in the performance and exercise of their functions and powers – order sought that Pt 5.3A of the Corporations Act 2001 (Cth) operates such that repayments of those debts have priority equal to priority under ss 556 and 560 of the Corporations Act 2001 (Cth) in winding up – prejudice to unsecured creditors – Court's power under s 447A of the Corporations Act 2001 (Cth). Corporations Act 2001 (Cth): Pt 5.3A, ss 443A(1), 447A, 477D, 556(1), 560 Air Passenger Ticket Levy (Collection) Act 2001 (Cth): ss 22, 23(1) Employers' Mutual Indemnity Associated Ltd v Federal Commissioner of Taxation (1943) 68 CLR 165 considered Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 applied Cawthorn v Keira Constructions Pty Ltd (1994) 33 NSWLR 607 considered Deputy Commissioner of Taxation v Portinex Pty Ltd (2000) 156 FLR 453 referred to

IN THE MATTER OF ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (All Administrators Appointed) and MARK FRANCIS XAVIER MENTHA and MARK ANTHONY KORDA (As Administrators)

V 3083 of 2001

GOLDBERG J 4 JANUARY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3083 of 2001

IN THE MATTER OF:

ANSETT AUSTRALIA LIMITED

(ACN 004 209 410) & ORS

(All Administrators Appointed)