Humphris, in the matter of Hazelton Air Charter Pty Limited v Mentha [2002] FCA 529

FEDERAL COURT OF AUSTRALIA

Humphris, in the matter of Hazelton Air Charter Pty Limited v Mentha [2002] FCA 529 EQUITY – trusts – external administration – application by administrator pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) – declaration sought as to apportionment between parties of sum received pursuant to memorandum of understanding – money held on trust – dispute as to amount of each party's interest in trust – determination and quantification of respective interests in trust – appropriate basis for apportionment – principles of law and equity – where claims given up in exchange for sum paid – respective interests in trust depend on proportionate value of claims given up. Federal Court of Australia Act 1976 (Cth): s 21

Muschinski v Dodds (1985) 160 CLR 583 applied Spence v Union Marine Insurance Company Limited [1868] LR3CP 427 considered Favenc v Bennett (1809) 11 East 36; 103 ER 917 considered In re Steel, decd [1979] Ch 218 referred to

Halsbury's Laws of Australia, volume 12 at [185‑115] referred to

INTHEMATTEROFHAZELTONAIR CHARTER PTY LIMITED (ACN 065 221 356), HAZELTONAIR SERVICES PTY LIMITED (ACN 000 242 928) and HAZELTON AIRLINES LIMITED (ACN 061 965 642) (All Administrator Appointed) MICHAEL JAMES HUMPHRIS as Administrator of HAZELTON AIR CHARTER PTY LIMITED (ACN 065 221 356), HAZELTON AIR SERVICES PTY LIMITED (ACN 000 242 928) and HAZELTON AIRLINES LIMITED (ACN 061 965 642) v MARK FRANCIS XAVIER MENTHA and MARK ANTHONY KORDA as Administrators of the companies listed in the Schedule attached (All Administrators Appointed) V 3051 of 2001 GOLDBERG J 29 APRIL 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3051 of 2001

INTHEMATTEROFHAZELTONAIR CHARTER PTY LIMITED (ACN 065 221 356), HAZELTONAIR SERVICES PTY LIMITED (ACN 000 242 928) and HAZELTON AIRLINES LIMITED (ACN 061 965 642) (All Administrator Appointed)