Environmental & Earth Sciences Pty Limited v Vouris (No 2) [2006] FCA 771

FEDERAL COURT OF AUSTRALIA

Environmental & Earth Sciences Pty Limited v Vouris (No 2) [2006] FCA 771 IN THE MATTER OF CHARBEN HAULAGE PTY LIMITED (IN VOLUNTARY ADMINISTRATION) ACN 083 376 701; ENVIRONMENTAL & EARTH SCIENCES PTY LTD ACN 002 347 971 v JOHN VOURIS AS VOLUNTARY ADMINISTRATOR OF CHARBEN HAULAGE PTY LIMITED (IN VOLUNTARY ADMINISTRATION) & ANOR NSD 765 of 2006 GRAHAM J 19 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 765 OF 2006

IN THE MATTER OF CHARBEN HAULAGE PTY LIMITED (IN VOLUNTARY ADMINISTRATION) ACN 083 376 701

BETWEEN: ENVIRONMENTAL & EARTH SCIENCES PTY LIMITED ACN 002 347 971

Plaintiff

AND: JOHN VOURIS AS VOLUNTARY ADMINISTRATOR OF CHARBEN HAULAGE PTY LIMITED

First Defendant

CHARBEN HAULAGE PTY LIMITED (IN VOLUNTARY ADMINISTRATION) ACN 083 376 701

Second Defendant JUDGE: GRAHAM J

DATE OF ORDER: 19 JUNE 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. One half of the plaintiff's costs of the hearing on 22 May 2006 and all of the costs of the plaintiff of its application filed 21 April 2006 and its amended application filed on 11 May 2006 on a party and party basis be paid out of the assets of the second defendant. Otherwise there should be no order as to costs. To avoid any dispute, the costs to be paid out of the assets of the company should be treated as expenses properly incurred within the meaning of s 556(1)(dd) of the Corporations Act 2001. 2. The plaintiff's costs of the hearing on the question of costs be paid out of the assets of the second defendant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 765 OF 2006