Ansett Australia Ground Staff Superannuation Plan Pty Ltd (ACN 065 590 178) (as Trustee of the Ansett Australia Ground Staff Superannuation Plan) v Ansett Australia Limited (Subject to Deed of Company Arrangement) (ACN 004 209 410) [2004] FCA 130

FEDERAL COURT OF AUSTRALIA

Ansett Australia Ground Staff Superannuation Plan Pty Ltd (ACN 065 590 178) (as Trustee of the Ansett Australia Ground Staff Superannuation Plan) v Ansett Australia Limited (Subject to Deed of Company Arrangement) (ACN 004 209 410) [2004] FCA 130 CORPORATIONS – voluntary and deed administration – dispute between trustee of superannuation fund and administrators of group of companies regarding priority of claims by members of superannuation plan – terms of settlement agreed upon – application pursuant to s 447A and s 447D(1) of the Corporations Act 2001 (Cth) for court approval of variation of deed of company arrangement to reflect settlement – variation re-ordered priority of claims provided for in deed of company arrangement – directions sought for administrators and trustee of superannuation fund to enter into, and give effect to, terms of settlement – directions sought for trustee to distribute assets upon winding-up of fund according to allocation recommended by superannuation plan's actuary.

Corporations Act 2001 (Cth): ss 444A(5), 447A, 447D, 556 Corporations Regulations 2001 (Cth): reg 5.3A.06, sch 8A Judiciary Act 1903 (Cth): s 39B(1A)(c) Federal Court of Australia Act 1976 (Cth): ss 22, 23

Re Ansett and Korda (2002) 115 FCR 409, followed Re Codisco Pty Ltd (1974) CLC 40‑126, referred to Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115, referred to Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83, applied Re Addstone Pty Ltd (in liq) (1997) 25 ACSR 357, referred to Re Atkinson, deceased [1971] VR 612, applied In re Earl of Strafford, decd; Royal Bank of Scotland Ltd v Byng [1980] 1 Ch 28, applied In the Matter of the Trust of Will of Gilchrist (1867) 6 SCR (NSW) Eq 74, referred to Re Pilling; Ex parte Salaman [1906] 2 KB 644, referred to McKinnon v Samuels [2000] VSC 393, applied Allen‑Meyrick's Will Trusts [1966] 1 WLR 499 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564, applied Cawthorn v Keira Constructions Pty Ltd (1994) 12 ACLC 396, referred to Brash Holdings Ltd v Katile Pty Ltd [1996] 1 VR 24, referred to Re Brashs Pty Ltd (1994) 15 ACSR 477, referred to Wood v Laser Holdings Ltd (1996) 19 ACSR 245, referred to Re Hellenic Athletic and Soccer Club of SA Inc [1999] SASC 393, referred to Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270, referred to Re Ansett Australia Ltd (2001) 39 ACSR 355, referred to Re Ansett Australia Ltd; Korda v Ansett Australia Ground Staff Superannuation Plan Pty Ltd (2002) 41 ACSR 598, followed Milankov Nominees Pty Ltd v Roycol Ltd (1994) 52 FCR 378, followed Re GIGA Investments Pty Ltd (No 2) (1995) 17 ACSR 547, followed Mulvaney v Rob Wintulich Pty Ltd (1995) 60 FCR 81, followed Hamilton v National Australia Bank Ltd (1996) 66 FCR 12, followed In re Beloved Wilkes's Charity (1851) 42 ER 330, applied Re Osborne (1863) 2 SCR (NSW) Eq 89, applied Gisborne v Gisborne (1877) 2 App Cas 300, applied Re Schneider; Kirby v Schneider (1906) 22 TLR 223, applied Re Knolly's Trusts [1912] 2 Ch 357, applied HAJ Ford et al Ford's Principles of Corporations Law, (11th ed), Butterworths, Sydney, 2003 RP Meagher and WMC Gummow, Jacobs' Law of Trusts in Australia, (6th ed), Butterworths, Melbourne, 1997