Airtourer Co-operative Ltd v Millicer Aircraft Industries Pty Ltd (subject to a Deed of Company Arrangement) [2004] FCA 948

FEDERAL COURT OF AUSTRALIA

Airtourer Co-operative Ltd v Millicer Aircraft Industries Pty Ltd (subject to a Deed of Company Arrangement) [2004] FCA 948

EVIDENCE – whether communication made 'in connection with an attempt to negotiate a settlement' – whether direct connection – whether statements made were admissions. Federal Court of Australia Act 1975 (Cth) Evidence Act 1995 (Cth) Burg Design Pty Ltd v Wolki (1999) 162 ALR 639 cited Collins Thomson v Clayton (2002) NSWSC 366 followed Field v Commissioner for Railways for New South Wales (1957) 99 CLR 285 followed GPI Leisure Corporation Ltd (in liq.) v Yuill (1997) 42 NSWLR 225 followed Nodnara Pty Ltd v Deputy Commissioner of Taxation (1997) 140 FLR 336 cited

THE AIRTOURER CO-OPERATIVE LIMITED V MILLICER AIRCRAFT INDUSTRIES PTY LIMITED (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) AND MICHAEL JAMES HUMPHRIS AND LAURENCE ANDREW FITZGERALD IN THEIR CAPACITY AS DEED ADMINISTRATORS OF MILLICER AIRCRAFT INDUSTRIES PTY LIMITED (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)

N 1599 OF 2003

BEAUMONT J

23 JULY 2004

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1599 OF 2003

BETWEEN: THE AIRTOURER CO-OPERATIVE LIMITED

APPLICANT

AND: MILLICER AIRCRAFT INDUSTRIES PTY LIMITED (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)

FIRST RESPONDENT

MICHAEL JAMES HUMPHRIS AND LAURENCE ANDREW FITZGERALD IN THEIR CAPACITY AS DEED ADMINISTRATORS OF MILLICER AIRCRAFT INDUSTRIES PTY LIMITED (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)

SECOND RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 23 JULY 2004

WHERE MADE: SYDNEY

THE COURT RULES THAT: 1. On the application for security for costs, the evidence given by Mr Humphris as to the statements made by Mr Knox as to the solvency of the applicant is admissible.