Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the matter of Stockport (NQ) Pty Ltd, Carter & Lewis Applicants (No.2) [2003] FCA 179
COSTS – application brought by administrators pursuant to s 447D Corporations Act 2001 – whether taxed costs out of creditors' fund in favour of administrators and participant creditors appropriate. BRUCE JAMES CARTER and MARTIN DAVID LEWIS IN THE MATTER OF STOCKPORT (NQ) PTY LTD ABN 76 008 015 837 (RECEIVER AND MANAGER APPOINTED) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) and the CORPORATIONS ACT 2001 S 3013 of 2002 MANSFIELD J 13 MARCH 2003 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 3013 OF 2002
BETWEEN: BRUCE JAMES CARTER
FIRST APPLICANT
MARTIN DAVID LEWIS
SECOND APPLICANT
AND: STOCKPORT (NQ) PTY LTD, ABN 76 008 015 837 (RECEIVER AND MANAGER APPOINTED) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) and the CORPORATIONS ACT 2001
JUDGE: MANSFIELD J
DATE OF ORDER: 13 MARCH 2003
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Bruce James Carter and Martin David Lewis recover their costs of this application from the monies available in the Contractor Creditors' Fund (the Fund) established under clause 8(a)(ii) of the Deed of Company Arrangement entered into by Stockport (NQ) Pty Ltd ABN 76 008 015 837 (Receiver and Manager Appointed) on 23 August 2002; 2. Boral Resources (Queensland) Pty Limited recover 60% of its costs in the application out of the Fund; and 3. Pioneer Road Services Pty Ltd recover 20% of its costs in the application out of the Fund. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 3013 OF 2002
BETWEEN: BRUCE JAMES CARTER
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