Sims, in the matter of Huon Corporation Pty Limited (Administrators Appointed) [2006] FCA 1201

FEDERAL COURT OF AUSTRALIA

Sims, in the matter of Huon Corporation Pty Limited (Administrators Appointed) [2006] FCA 1201

CORPORATIONS – whether voluntary administrators incurred debt for services rendered – as did not s 447A order made to assist continuation of business Corporations Act 2001 (Cth), ss 443A, 443D, 443E, 443F, 447A Hawkins v Bank of China (1992) 26 NSWLR 562 cited Molit (No55) Pty Ltd v Lam Soon Australia Pty Ltd (Administrator Appointed) & Macks (1996) 68 FCR 319 cited Re Ansett Australia Ltd and Mentha (2001) 115 FCR 376 followed Re Henry Walker Eltin Group Ltd (Administrators Appointed) (No 4) [2005] FCA 745 applied Re Spyglass Management Group Pty Ltd (Administrator Appointed) (2004)51 ACSR 432; (2004) 23 ACLC 28 followed Sons of Gwalia Ltd v Margaretic (2005) 149 FCR 227cited IN THE MATTER OF HUON CORPORATION PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 115 243 206

ANTHONY MILTON SIMS, SCOTT DARREN PASCOE AND KENNETH STEWART SELLERS IN THEIR CAPACITIES AS ADMINISTRATORS OF HUON CORPORATION PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 115 243 206 AND HUON CORPORATION PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 115 243 206 NSD 1517 OF 2006

GYLES J

1 SEPTEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1517 OF 2006

IN THE MATTER OF HUON CORPORATION PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 115 243 206 BETWEEN: ANTHONY MILTON SIMS, SCOTT DARREN PASCOE AND KENNETH STEWART SELLERS IN THEIR CAPACITIES AS ADMINISTRATORS OF HUON CORPORATION PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 115 243 206

First Plaintiffs

HUON CORPORATION PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 115 243 206

Second Plaintiff

JUDGE: GYLES J

DATE OF ORDER: 1 SEPTEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

Pursuant to s 447A(1) of the Corporations Act 2001 (Cth) (the Act), Pt 5.3A of the Act is to operate in relation to Huon Corporation Pty Limited (Administrators Appointed) ACN 115 243 206 (Huon) so that, by the first plaintiffs entering into the agreements dated 25 July 2006 with Huon and each of the following companies: (a) GM Holden Ltd ACN 006 893 232; (b) Toyota Motor Corporation Australia Ltd ACN 009 686 097; (c) Ford Motor Company of Australia Limited ACN 004 116 228; and (d) ZF Lemforder Australia Pty Ltd ACN 107 494 253 (together, the Supply Agreements) in their capacities as administrators of Huon, and Huon incurring liabilities (whether arising during the administration or after) from the obligations under cl 6 of the Supply Agreements, the first plaintiffs will, subject to the limitations on the liability of Huon contained in those documents, be deemed to have incurred debts in the performance and exercise of their functions and powers as administrators of Huon pursuant to s 443A(1) of the Act for services rendered.