In the matter of Federation Health Limited (Administrator Appointed) (ACN 004 155 622) [2006] FCA 314

FEDERAL COURT OF AUSTRALIA In the matter of Federation Health Limited (Administrator Appointed) (ACN 004 155 622) [2006] FCA 314 CORPORATIONS – appeal from decision of administrator to partially reject proof of debt – administration under National Health Act – whether court has jurisdiction PRACTICE AND PROCEDURE – nature of hearing de novo – whether order for indemnity costs appropriate in circumstances Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 cited Re North Sydney District Rugby League Football Club (2000) 34 ACSR 630 cited Brodyn Pty Ltd v Dasein Constructions Pty Ltd [2004] NSWSC 1230 cited Westpac Banking Corporation v Totterdell (1997) 25 ACSR 769 cited In the matter of Federation Health Limited (Administrator Appointed) (ACN 004 155 622) VID 1582 OF 2005 YOUNG J 30 MARCH 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1582 OF 2005

IN THE MATTER OF FEDERATION HEALTH LIMITED (ADMINISTRATOR APPOINTED) (ACN 004 155 622)

BETWEEN: RSM BIRD CAMERON

PLAINTIFF

AND: PETER JAMES HEDGE (IN HIS CAPACITY AS ADMINISTRATOR OF FEDERATION HEALTH LIMITED (ADMINISTRATOR APPOINTED) (ACN 004 155 622))

DEFENDANT

JUDGE: YOUNG J

DATE OF ORDER: 30 MARCH 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The defendant's decision to partially reject the plaintiff's proof of debt lodged on 17 August 2005 be set aside. 2. The defendant admit the outstanding balance of $15,806.90 of the plaintiff's proof of debt. 3. The defendant pay the plaintiff's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1582 OF 2005

IN THE MATTER OF FEDERATION HEALTH LIMITED (ADMINISTRATOR APPOINTED) (ACN 004 155 622)