078 148 099 Ltd v Duncan, Re Kirwen Pty Ltd [2002] FCA 1322

FEDERAL COURT OF AUSTRALIA

078 148 099 Ltd v Duncan, Re Kirwen Pty Ltd [2002] FCA 1322 Federal Court of Australia Act 1976 (Cth), s 43(1)

Re Wakim; Ex parte McNally (1999) 198 CLR 511 Obacelo Pty Ltd v Taberaft Pty Ltd (1995) 5 FCR 210 Bizuneh v Minister for Immigration & Multicultural Affairs [2000] FCA 250 Hughes v Western Australian Cricket Association Inc (1986) ATR 40 – 748 Inground Constructions Pty Ltd v Federal Commissioner of Taxation (1994) 27 ATR 513 Yates Property Corporation Pty Ltd v Bowland (2000) 179 ALR 664 Re Minister for Immigration & Ethnic Affairs (1988) 186 CLR 622 Australian Securities Commission v Aust-Home Investments Pty Ltd (1993) 44 FCR 194 RE: KIRWEN PTY LTD (RECEIVER AND MANAGER APPOINTED) (ADMINISTRATOR APPOINTED) ACN 078 167 370, 078 148 099 LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 078 148 099 FORMERLY KNOWN AS BRUNSWICK INTERNATIONAL LIMITED v STEPHEN JAMES DUNCAN AND CHRISTOPHER ROBERT POWELL AS ADMINISTRATORS OF KIRWEN PTY LTD (RECEIVER AND MANAGER APPOINTED) (ADMINISTRATOR APPOINTED) ACN 078 167 370

S 3006 of 1999 MANSFIELD J 31 OCTOBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 3006 OF 1999

BETWEEN: RE: KIRWEN PTY LTD (RECEIVER AND MANAGER APPOINTED) (ADMINISTRATOR APPOINTED) ACN 078 167 370

078 148 099 LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 078 148 099 FORMERLY KNOWN AS BRUNSWICK INTERNATIONAL LIMITED

APPLICANT

AND: STEPHEN JAMES DUNCAN AND CHRISTOPHER ROBERT POWELL AS ADMINISTRATORS OF KIRWEN PTY LTD (RECEIVER AND MANAGER APPOINTED) (ADMINISTRATOR APPOINTED) ACN 078 167 370

RESPONDENTS

JUDGE: MANSFIELD J

DATE OF ORDER: 31 OCTOBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The applicant pay to the respondents costs of the application from 1 September 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.