FEDERAL COURT OF AUSTRALIA In the matter of Ansett Australia Limited and Mentha [2002] FCA 531 Corporations Act 2001 (Cth): ss 447A(1), 447D(1) 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 of the companies) V 3060 of 2001 GOLDBERG J 29 APRIL 2002 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY V 3060 of 2001 IN THE MATTER OF: ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (in accordance with the Schedule attached) (All Administrators Appointed) AND: MARK FRANCIS XAVIER MENTHA and MARKANTHONYKORDA (As Administrators of the companies) Plaintiffs JUDGE: GOLDBERG J DATE OF ORDER: 29 APRIL 2002 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The application is stood over for further hearing on a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY V 3060 of 2001 IN THE MATTER OF: ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (in accordance with the Schedule attached) (All Administrators Appointed) AND: MARK FRANCIS XAVIER MENTHA and MARKANTHONYKORDA (As Administrators of the companies) Plaintiffs JUDGE: GOLDBERG J DATE: 29 APRIL 2002 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 The plaintiffs, who are the administrators of the companies in the Ansett group of companies set out in the Schedule to these reasons ("the Ansett group"), have applied pursuant to s 447A(1) and s 447D(1) of the Corporations Act 2001 (Cth) and the inherent jurisdiction of the Court for directions as to the allocation of the sum of $150m received by them pursuant to a Memorandum of Understanding dated 3 October 2001 ("the Memorandum"). 2 The parties to the Memorandum were the Ansett group, the plaintiffs, Hazelton Air Charter Pty Limited, Hazelton Air Services Pty Limited and Hazelton Airlines Limited (all administrator appointed) ("the Hazelton group"), the administrator of the companies in the Hazelton group, Air New Zealand Limited and its subsidiaries (other than the Ansett group and the Hazelton group) set out in Schedule B to the Memorandum ("the Air New Zealand group") and each party who was at any time since Air New Zealand Limited acquired ownership of the Ansett group a director or secretary of any company in the Air New Zealand group or the Ansett group as set out in Schedule C of the Memorandum. 3 The reason for the application was that a dispute had arisen between the administrator of the Hazelton group and the plaintiffs as to the respective entitlements of the Ansett group and the Hazelton group to the sum of $150m paid to the plaintiffs pursuant to the Memorandum. 4 For the reasons given in Humphris, in the matter of Hazelton Air Charter Pty Ltd v Mentha [2002] FCA 529, the application should be stood over for further hearing to enable the parties to present material and submissions on the issue of the extent, assessment and valuation of the claims which were given up by each of the Ansett group and the Hazelton group in exchange for an interest in the fund of $150m. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Goldberg. Associate: Dated: 29 April 2002 Counsel for the Plaintiffs: SP Whelan QC and S Sharpley Solicitor for the Plaintiffs: Arnold Bloch Leibler Counsel for Hazelton Air Charter Pty Limited, Hazelton Air Services Pty Limited and Hazelton Airlines Limited (all administrator appointed): JWS Peters Solicitor for Hazelton Air Charter Pty Limited, Hazelton Air Services Pty Limited and Hazelton Airlines Limited (all administrator appointed): Holding Redlich Counsel for Australian Council of Trade Unions and twelve unions: JBR Beach QC and BF Quinn Solicitor for Australian Council of Trade Unions and twelve unions: Maurice Blackburn Cashman Dates of Hearing: 2, 16, 29 November 2001, 15 April 2002 Date of Judgment: 29 April 2002 SCHEDULE Ansett Australia Limited (ACN 004 209 410) 501 Swanston Street Pty Ltd (ACN 005 477 618) Aeropelican Air Services Pty Ltd (ACN 000 653 083) Airport Terminals Pty Ltd (ACN 053 976 444) Aldong Services Pty Limited (ACN 000 258 113) Ansett Aircraft Finance Limited (ACN 008 643 276) Ansett Australia Holdings Limited (ACN 004 216 291) Ansett Aviation Equipment Pty Ltd (ACN 008 559 733) Ansett Carts Pty Limited (ACN 055 181 215) Ansett Equipment Finance Limited (ACN 006 827 989) Ansett Finance Limited (ACN 006 555 166) Ansett Holdings Limited (ACN 065 117 535) Ansett International Limited (ACN 060 622 460) Ansett Australia and Air New Zealand Engineering Services Ltd (ACN 089 520 696) Bodas Pty Ltd (ACN 002 158 741) Brazson Pty Limited (ACN 055 259 008) Eastwest Airlines (Operations) Ltd (ACN 000 259 469) Eastwest Airlines Limited (ACN 000 063 972) Kendell Airlines (Aust) Pty Ltd (ACN 000 579 680) Morael Pty Ltd (ACN 003 286 440) Northern Airlines Limited (ACN 009 607 069) Northern Territory Aerial Work Pty Limited (ACN 009 611 321) Rock-it-Cargo (Aust) Pty Ltd (ACN 003 004 126) Show Group Pty Ltd (ACN 002 968 989) Skywest Airlines Pty Ltd (ACN 008 997 662) Skywest Aviation Limited (ACN 004 444 866) Skywest Holdings Pty Ltd (ACN 008 905 646) Skywest Jet Charter Pty Ltd (ACN 008 800 155) South Centre Maintenance Pty Ltd (ACN 007 286 660) Spaca Pty Ltd (ACN 006 773 593) Traveland International (Aust) Pty Limited (ACN 000 275 936) Traveland International Pty Limited (ACN 002 275 936) Traveland New Staff Pty Ltd (ACN 080 739 037) Traveland Pty Limited (ACN 000 240 746) Walgali Pty Ltd (ACN 005 258 921) Westintech Limited (ACN 009 084 039) Westintech Nominees Pty Ltd (ACN 009 302 158) Whitsunday Affairs Pty Ltd (ACN 009 694 553) Whitsunday Harbour Pty Limited (ACN 010 375 470) Wridgway Holdings Limited (ACN 004 449 085) Wridgways (Vic) Pty Ltd (ACN 004 153 413) (All Administrators Appointed)