Commonwealth of Australia, in the matter of Leahy Petroleum - Retail Pty Ltd (Subject to Deed of Company Arrangement) v Leahy Petroleum - Retail Pty Ltd (Subject to Deed of Company Arrangement) [2005] FCA 1422

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia, in the matter of Leahy Petroleum – Retail Pty Ltd (Subject to Deed of Company Arrangement) v Leahy Petroleum – Retail Pty Ltd (Subject to Deed of Company Arrangement) [2005] FCA 1422

CORPORATIONS – administration – deed of company arrangement – application to terminate – pecuniary penalty – whether provable in winding up

Corporations Act 2001 (Cth) ss 501, 553B(1), 445B(1) Companies Act 1948 (UK) ss 316, 317

Australian Winch and Haulage Co Pty Ltd v State Debt Recovery Office [2005] NSWSC 423 discussed Fine Industrial Commodities Ltd, In re [1956] Ch 256 applied Gerah Imports Pty Ltd v Duke Group Ltd (in liq) (2004) 88 SASR 419 cited Humber Ironwork and Shipbuilding Co, In re (1869) LR 4 Ch App 643 cited Islington Metal & Plating Works Ltd, In re [1984] 1 WLR 14 applied Kershaw (as liq of Equity Corp Tasman Ltd), Re (2005) 54 ACSR 214 cited Mackenzie v Rees (1941) 65 CLR 1 cited Mathers v Commonwealth (2004) 134 FCR 135 discussed Page v Commonwealth Life Assurance Society Ltd (1935) 36 SR (NSW) 85 cited Rolls-Royce Co Ltd, In [1974] 1 WLR 1584 applied

IN THE MATTER OF LEAHY PETROLEUM – RETAIL PTY LTD (Subject to Deed of Company Arrangement) THE COMMONWEALTH OF AUSTRALIA v LEAHY PETROLEUM – RETAIL PTY LTD (Subject to Deed of Company Arrangement), ANDREW REGINALD YEO (as Administrator of the Deed of Company Arrangement entered into by Leahy Petroleum – Retail Pty Ltd (Subject to Deed of Company Arrangement)), GESS MICHAEL RAMBALDI (as Administrator of the Deed of Company Arrangement entered into by Leahy Petroleum – Retail Pty Ltd (Subject to Deed of Company Arrangement)) and LEAHY FAMILY HOLDINGS PTY LTD VID 891 of 2005 FINKELSTEIN J 7 OCTOBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 891 of 2005