In the matter of Motor Group Australia Pty Limited (Administrators Appointed) (No 3) [2005] FCA 1202

FEDERAL COURT OF AUSTRALIA In the matter of Motor Group Australia Pty Limited (Administrators Appointed) (No 3) [2005] FCA 1202 Corporations Act 2001 (Cth) s 435C, 436E(1), 436F(1), 439A, 444A(5), 447A, 449E(1), 473, 548, 549, 550, 551 Corporations Regulations (2001) (Cth) Reg 5.3A.06, Sch 8A Re AFG Insurances Ltd [2002] NSWSC 845 cited Re Ansett Australia Ltd v Mentha 40 ACSR 419 cited Re Henry Walker Eltin Group Ltd [2005] FCA 994 cited Re Korda; in the matter of Stockford Ltd (2004) 140 FCR 424 applied Re Regis Towers Real Estate Pty Ltd 51 ACSR 628 cited PETER WILLIAM MARSDEN AND DAVID JOHN KERR (IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF MOTOR GROUP AUSTRALIA PTY LIMITED (ADMINISTRATORS APPOINTED) NSD 737 OF 2005 HELY J 30 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 737 OF 2005

BETWEEN: PETER WILLIAM MARSDEN AND DAVID JOHN KERR (IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF MOTOR GROUP AUSTRALIA PTY LIMITED (ADMINISTRATORS APPOINTED))

FIRST APPLICANTS

MOTOR GROUP AUSTRALIA PTY LIMITED (ADMINISTRATORS APPOINTED) (ACN 101 051 101)

SECOND APPLICANT

JUDGE: HELY J

DATE OF ORDER: 30 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 447A of the Corporations Act 2001 (Cth) ('the Act') Part 5.3A of the Act is to operate in relation to the second applicant, Motor Group Australia Pty Limited, as if s 449E of the Act read: '(1) For the purposes of advising and assisting the administrator of a company under a deed of company arrangement, there must be a committee of inspection ("the committee") to which the rules set forth in the Corporations Regulations Schedule 8A, paragraph 11, sub-paragraphs (a) to (g) inclusive shall apply, and are incorporated by reference as if fully set out herein, but with sub-paragraph (b) amended to include the words "or a meeting held pursuant to s 439A of the Act" and sub-paragraph (d) amended by deleting the words "under this deed". (2) Subsection 548(3) and sections 549, 550 and 551 of the Act apply, with such modifications as are necessary, to a committee established under subsection (1) as if the references to the liquidator were references to the administrator of a company under a deed of company arrangement and the references to contributories were deleted. (3) Subsections 473(3), (4), (5) and (6) of the Act shall apply, with such modifications as are necessary, to a company under administration or under a deed of company arrangement and to a committee of inspection established under subsection (1), as if references to a liquidator were references to an administrator of a company or an administrator under a deed of company arrangement.' 2. Pursuant to section 447A of the Act, liberty be granted to any person who can demonstrate sufficient interest to modify or discharge these orders upon appropriate notice being given to the applicants. 3. The costs of the application be a cost in the administration of the second applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.