In the matter of Ansett Australia Limited and Mentha [2002] FCA 639

FEDERAL COURT OF AUSTRALIA

In the matter of Ansett Australia Limited and Mentha [2002] FCA 639 CORPORATIONS LAW – external administration – deed of company arrangement – application by deed administrators and former administrators pursuant to s 447A and s 447D of the Corporations Act 2001 (Cth) – direction sought that plaintiffs may properly and justifiably execute and give effect to agreement for sale of domestic terminal lease – agreement made prior to execution of deed of company arrangement – whether purely commercial decision – where questions as to propriety and reasonableness of decision to enter into agreement.

Corporations Act 2001 (Cth): Pt 5.3A, ss 447A, 447D In the matter of Ansett Australia Limited and Korda [2002] FCA 90 distinguished Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115 applied Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83 applied Re GB Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674 applied Mentha v GE Capital Ltd (1997) 145 ALR 565 applied IN THE MATTER OF ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (in accordance with Schedule A) (All subject to Deeds of Company Arrangement) and MARK FRANCIS XAVIER MENTHA and MARKANTHONYKORDA (As Deed Administrators of the Companies and as former Administrators of the Companies)

V 3075 of 2002 GOLDBERG J 20 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3075 of 2002

IN THE MATTER OF: ANSETT AUSTRALIA LIMITED

(ACN 004 209 410) & ORS

(in accordance with Schedule A)

(All subject to Deeds of Company Arrangement)

AND: MARK FRANCIS XAVIER MENTHA and

MARKANTHONYKORDA

(As Deed Administrators of the Companies and as former Administrators of the Companies)