Flexible Manufacturing Systems Pty Ltd v Fernandez [2003] FCA 1491

FEDERAL COURT OF AUSTRALIA

Flexible Manufacturing Systems Pty Ltd v Fernandez [2003] FCA 1491

RECEIVERS – monies retained by former receiver – whether lien exists where costs and expenses allegedly foreseeable but not incurred prior to termination of receivership

Corporations Act 2001 (Cth) ss 598, 1321 Hill v Venning (1979) 4 ACL 555 cited Dyson v Peat [1917] 1 Ch 99 applied

O'Donovan, Company Receivers and Administrators, Law Book Co, 1992 par 12.650 FLEXIBLE MANUFACTURING SYSTEMS PTY LTD & ANOR v AVITUS THOMAS FERNANDEZ V3130 of 2003 HEEREY J 18 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V3130 OF 2003

BETWEEN: FLEXIBLE MANUFACTURING SYSTEMS PTY LTD

(subject to Deed of Company Arrangement) ACN 006 074 675

and

KENNETH WAYNE LAMB (in his capacity as Deed Administrator)

APPLICANTS

AND: AVITUS THOMAS FERNANDEZ

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 18 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent pay to the first respondent $58,091.18 together with interest thereon at the rate of 11 per cent from 12 March 1999 until payment. 2. The respondent pay the applicants' costs of the application, including reserved costs. 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 V3130 OF 2003

BETWEEN: FLEXIBLE MANUFACTURING SYSTEMS PTY LTD

(subject to Deed of Company Arrangement) ACN 006 074 675

and

KENNETH WAYNE LAMB (in his capacity as Deed Administrator)

APPLICANTS

AND: AVITUS THOMAS FERNANDEZ