Humphris, in the matter of ACN 004 987 866 Pty Ltd [2003] FCA 849

FEDERAL COURT OF AUSTRALIA

Humphris, in the matter of ACN 004 987 866 Pty Ltd [2003] FCA 849 CORPORATIONS – application by voluntary administrators for directions and orders – group of companies in administration – proposed deed of company arrangement – corporate group operated financially as a single entity but was divided for operational purposes – group effectively traded under name of one of the group companies – majority of trade creditor's claims against that one entity because of trading arrangement – no accounting procedures in place for intra‑group transactions – proposal by administrators to pool group's assets and liabilities – resolution for pooling passed by shareholders of each company – no objection to pooling by creditors – whether direction approving administrators executing and giving effect to deed containing pooling arrangement should be given.

Corporations Act 2001 (Cth): Pt 5.3A, s 447D

Mentha v GE Capital Ltd (1997) 154 ALR 565, applied Dean‑Willcocks v Soluble Solution Hydroponics Pty Ltd (1997) 42 NSWLR 209, applied Re Switch Telecommunications Pty Ltd (In Liq); Ex parte Sherman (2000) 35 ACSR 172, considered Re Charter Travel Co Limited (1997) 25 ACSR 337, considered

Companies & Securities Advisory Committee, Corporate Groups: Final Report, May 2000.

ACN 004 987 866 PTY LTD (formerly HILTON'S STORES PTY LTD) & ORS (in accordance with the schedule attached) (All Administrators Appointed) v MICHAEL JAMES HUMPHRIS and LAURENCE ANDREW FITZGERALD (as Administrators of each of the Companies) V 3163 of 2003 GOLDBERG J 13 AUGUST 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3163 of 2003

IN THE MATTER OF:

ACN 004 987 866 PTY LTD

(formerly HILTON'S STORES PTY LTD) & ORS

(in accordance with the Schedule attached)