In the matter of Ansett Australia Limited and Hall [2002] FCA 10

FEDERAL COURT OF AUSTRALIA

In the matter of Ansett Australia Limited and Hall [2002] FCA 10 CORPORATIONS LAW – external administration – application for court to fix remuneration of former 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 – work necessary and properly undertaken for purpose of administration.

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

IN THE MATTER OF ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (All Administrators Appointed) and GREGORY HALL, ALLAN WATSON and PETER HEDGE (As former Administrators of the said companies)

V 3067 of 2001

GOLDBERG J 16 JANUARY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3067 of 2001

IN THE MATTER OF:

ANSETT AUSTRALIA LIMITED

(ACN 004 209 410) & ORS

(All Administrators Appointed)

(see attached Schedule)

AND

GREGORY HALL ALLAN WATSON and

PETER HEDGE

(As former Administrators of the said companies)

Plaintiffs JUDGE: GOLDBERG J

DATE OF ORDER: 16 JANUARY 2002

WHERE MADE: 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 former administrators of the said companies whether or not a resolution to fix the plaintiffs' remuneration has been proposed at a meeting of the creditors of the said companies. 2. The remuneration to which the plaintiffs are entitled as former administrators of the said companies in respect of the period from 12 September 2001 to 17 September 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 Holdings Limited $735,454.40 Ansett Australia Limited 166,651.70 Ansett Australia Holdings Limited 9,505.00 Ansett International Limited 6,143.50 Aeropelican Air Services Pty Ltd 1,516.40 Kendell Airlines (Aust) Pty Ltd 12,570.10 Skywest Airlines Pty Ltd 9,001.40 South Centre Maintenance Pty Ltd 5,028.60 Show Group Pty Ltd 23,789.40 Traveland International (Aust) Pty Ltd, Traveland International Pty Ltd, Traveland New Staff Pty Ltd and Traveland Pty Limited 114,099.80 510 Swanston Street Pty Ltd 420.00 3. 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