In the matter of Ansett Australia Limited and Mentha [2002] FCA 1

FEDERAL COURT OF AUSTRALIA

In the matter of Ansett Australia Limited and Mentha [2002] FCA 1 CORPORATIONS LAW – external administration – application for court to fix interim remuneration of administrators pursuant to ss 447A(1) and 449E(1)(b) of the Corporations Act 2001 (Cth) – application prior to meeting of creditors convened under s 439A of the Corporations Act 2001 (Cth) – application prior to resolution of creditors fixing administrators' remuneration – complex and extensive administration – work necessary and properly undertaken for purpose of administration.

Corporations Act 2001 (Cth): ss 447A, 449E

Re English, Scottish & Australian Chartered Bank [1893] 3 Ch 385 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 3065 of 2001

GOLDBERG J 4 JANUARY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3065 of 2001

IN THE MATTER OF:

ANSETT AUSTRALIA LIMITED

(ACN 004 209 410) & ORS

(All Administrators Appointed)

(see Schedule A)

AND

MARK FRANCIS XAVIER MENTHA and

MARKANTHONYKORDA

(As Administrators)

Plaintiffs

JUDGE: GOLDBERG J

DATE: 4 JANUARY 2002

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth) ("the Act"), Pt 5.3A of the Act is to operate in relation to each of the companies in the schedule to the reasons for judgment accompanying this order as if s 449E(1)(b) provided that the Court may fix the remuneration of the plaintiffs as administrators of the said companies: (a) whether or not a resolution to fix the plaintiffs' remuneration has been proposed at a meeting of the creditors of the said companies; and (b) on an interim basis. 2. The remuneration to which the plaintiffs are entitled as administrators of the said companies in respect of the period from 17 September 2001 to 15 October 2001 (both dates inclusive) is fixed pursuant to s 449E(1), as it operates in accordance with par 1 of this order, as follows: Ansett Australia Limited $3,292,851 Ansett Australia Holdings Limited 30,196 Ansett International Limited 11,297 Aeropelican Air Services Pty Ltd 56,657 Kendell Airlines (Aust) Pty Ltd 90,204 Skywest Airlines Pty Ltd 129,374 South Centre Maintenance Pty Ltd 9,517 Show Group Pty Ltd 135,351 Traveland International (Aust) Pty Ltd, Traveland International Pty Ltd, Traveland New Staff Pty Ltd and Traveland Pty Limited 187,931 Ansett Australia and Air New Zealand Engineering Services Limited and the remaining companies in the said schedule 18,817 3. Pursuant to s 447A(1) of the Act, Pt 5.3A of the Act is to operate in relation to each of the said companies as if s 449E(1)(a) also provided that the plaintiffs are entitled to such remuneration as is fixed by a resolution of the company's Committee of Creditors passed after the members of that committee had received no less than seven days prior written notice of the amount of remuneration claimed, together with details of the manner in which the amount claimed is comprised and calculated. 4. The costs of the application be costs in the administration of each of the said companies. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules