Geoffrey Niels Handberg (in his capacity as administrator of Australian Risk Analysis Pty Ltd) v Chacmol Holdings Pty Ltd [2004] FCA 720

FEDERAL COURT OF AUSTRALIA

Geoffrey Niels Handberg (in his capacity as administrator of Australian Risk Analysis Pty Ltd) v Chacmol Holdings Pty Ltd [2004] FCA 720

CONTRACT – contract for sale of business with purchase price payable over five years – separate acknowledgment of debt and deed of charge securing purchase price and pre-existing debt – deed of charge containing all monies clause – whether three instruments can be construed as one transaction – whether all monies clause should be read down so as not to cover subsequent advances

WORDS AND PHRASES – "all monies clause" Federal Court Rules O 29 r 2 Chitty on Contracts 27th Edition (1997) at par 12-057 Manks v Whiteley [1912] 1 Ch. 735 at 762 followed Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 applied Glynn v Margetson [1893] AC 351 followed Fountain v Bank of America National Trust & Savings Association (1992) 5 BPR 11,817 at 11,819 applied In the Matter of John Peter Piccolo; McVeigh v National Australia Bank Limited [2000] FCA 187 applied

GEOFFREY NIELS HANDBERG (IN HIS CAPACITY AS ADMINISTRATOR OF AUSTRALIAN RISK ANALYSIS PTY LTD) AND AUSTRALIAN RISK ANALYSIS PTY LTD (CONTROLLER APPOINTED) (ADMINISTRATOR APPOINTED) v CHACMOL HOLDINGS PTY LTD and MATTHEW LEE JOHNSTON V458 of 2004 HEEREY J 4 JUNE 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V458 OF 2004

IN THE MATTER of AUSTRALIAN RISK ANALYSIS PTY LTD (CONTROLLER APPOINTED) (ADMINISTRATOR APPOINTED( (ACN 052 231 937)

BETWEEN: GEOFFREY NIELS HANDBERG (in his capacity as Administrator of Australian Risk Analysis Pty Ltd) and AUSTRALIAN RISK ANALYSIS PTY LTD (CONTROLLER APPOINTED) (ADMINISTRATOR APPOINTED)

(ACN 052 231 937)

APPLICANTS

AND: CHACMOL HOLDINGS PTY LTD (ACN 008 605 892)