Mentha, in the matter of Ansett Australia Limited v Sydney Airports Corporation Limited [2002] FCA 530

FEDERAL COURT OF AUSTRALIA

Mentha, in the matter of Ansett Australia Limited v Sydney Airports Corporation Limited [2002] FCA 530 CORPORATIONS LAW – external administration – application by administrators pursuant to s 444B(2)(b) of the Corporations Act 2001 (Cth) – order sought extending time within which companies must execute deeds of company arrangement – extension sought to enable administrators to complete competitive bidding process for sale of major assets – extension sought to avoid dispute whether execution of deeds of company arrangement would activate buy‑back provisions in domestic terminal leases – structure of Pt 5.3A of the Corporations Act 2001 (Cth) – consideration of provisions affecting parties whose rights may be affected by administration and deed of company arrangement – where extension would prolong constraint on rights of lessors and owners of property to take possession of property – where extension would prolong constraint on persons bound by deeds of company arrangement not to act inconsistently with deeds.

Corporations Act 2001 (Cth): Pt 5.3A, s 444B

IN THE MATTER OF ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (in accordance with the Schedule attached) (All Administrators Appointed)

MARK FRANCIS XAVIER MENTHA and MARK ANTHONY KORDA (as Administrators of the companies) v SYDNEY AIRPORTS CORPORATION LIMITED (ABN 62 082 578 809) V 3065 of 2002 GOLDBERG J 29 APRIL 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3065 of 2002

IN THE MATTER OF ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (in accordance with the Schedule attached) (All Administrators Appointed)

BETWEEN: MARK FRANCIS XAVIER MENTHA and MARK ANTHONY KORDA (as Administrators of the companies)

Plaintiffs

AND: SYDNEY AIRPORTS CORPORATION LIMITED