Environmental & Earth Sciences Pty Limited v Vouris [2006] FCA 679

FEDERAL COURT OF AUSTRALIA

Environmental & Earth Sciences Pty Limited v Vouris [2006] FCA 679 CORPORATIONS – entitlement to vote at a meeting of creditors called pursuant to s 439A of the Corporations Act – entitlement to vote in respect of the costs of a trial and of a successful appeal where no order for the payment of such costs by the company had been made prior to the appointment of an administrator to the company Held – the administrator erred in rejecting the plaintiff's claim for costs for the purpose of voting at the first meeting of creditors; the administrator should be directed in accordance with s 447D(1) of the Corporations Act, to admit the plaintiff's claim for costs for the purposes of voting at the second meeting of creditors

Bankruptcy Act 1966 (Cth) s 82 Bankruptcy Act 1883 (UK) s 37 Judicature Act 1875 (UK) s 10 Corporations Law (Cth) s 553, 556(1)(h) Corporations Law Reform Act 1992 (Cth) ss 56, 92, 93, 94 Corporations Act 2001 (Cth) ss 436A, 436E, 439A, 439B, 439C, 447A, 447D, 553, 553A, 553B, 553C, 553D, 553E, 554, 554A, 554B, 554C Corporations Regulations 2001 (Cth)Regs 5.6.11-5.6.36A Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules Order 62 r15 Industrial Relations Act 1996 (NSW) s 106

Australian Law Reform Commission, General Insolvency Inquiry Report (ALRC 45) Expile Pty Limited v Jabb's Excavations Pty Limited (2004) 22 ACLC 667 referred to Lofthouse, Re Riverside Nursing Care Pty Limited (Subject to Deed of Company Arrangement) (2004) 22 ACLC 215 referred to Brash Holdings Limited (Administrator Appointed) v Katile Pty Limited (1994) 13 ACSR 504 cited Selim v McGrath (2003) 47 ACSR 537 referred to Re Crawford House Press Pty Limited (1995) 17 ACSR 295 cited McDonald v Commissioner of Taxation (2005) 187 FLR 461 referred to Anmi Pty Limited v Williams [1981] 2 NSWLR 138 referred to Re Autolook Pty Limited; O'Brien v Bills (1984) 2 ACLC 30 referred to In re British Goldfields of West Africa [1899] 2 Ch 7 explained Community Development Pty Limited v Engwirda Construction Company (1966) 120 CLR 455 referred to The National Bank of Australasia Limited v Mason (1975) 133 CLR 191 referred to FAI Workers Compensation (NSW) Limited v Philkor Builders Pty Limited (1996) 20 ACSR 592 distinguished