Hem, in the matter of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement) (No 2) v Cant (Administrator of the Deed of Company Arrangement of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement)) [2007] FCA 549

FEDERAL COURT OF AUSTRALIA

Hem, in the matter of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement) (No 2) v Cant (Administrator of the Deed of Company Arrangement of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement)) [2007] FCA 549

COSTS – proof of debt – disallowed by administrator – time to appeal extended – costs of application before registrar borne by plaintiff – costs of review by the court borne by administrator – offer of compromise - offer rejected by administrator – appeal successful – costs awarded on a solicitor and client basis Austin Securities Ltd v Northgate & English Stores Ltd [1969] 1 WLR 529 In re National Wholemeal Bread and Biscuit Company [1892] 2 Ch 457 In re The Fruit and Vegetable Company Ltd (1912) 12 SR (NSW) 52 In re The Pastoral Finance Association Ltd (1922) 23 SR (NSW) 43 IN THE MATTER OF COULCO TRADING PTY LTD (Subject to Deed of Company Arrangement) GEOFFREY HEM v ANTHONY CANT (Administrator of the Deed of Company Arrangement of COULCO TRADING PTY LTD (Subject to Deed of Company Arrangement)) VID 643 of 2005

FINKELSTEIN J

18 April 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 643of 2005

In the matter of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement) BETWEEN: GEOFFREY HEM

Plaintiff

AND: ANTHONY CANT (Administrator of the Deed of Company Arrangement of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement))

Defendant

JUDGE: FINKELSTEIN J DATE OF ORDER: 18 APRIL 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The plaintiff's costs of the application for review of the decision of the registrar made on 10 May 2006 be taxed in default of agreement and be paid as part of the costs of the administration of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement). 2. The plaintiff's costs of the appeals from the administrator's rejections of his proofs of debt (apart from those costs incurred on 3 October 2006) be taxed on the following basis: (i) in relation to the proof of debt for the loan, on a party and party basis; (ii) in relation to the proof of debt relating to wrongful dismissal: (a) for the costs incurred up to and including 11 October 2006, on a party and party basis; (b) for the costs incurred thereafter, on a solicitor and client basis; and be paid as part of the costs of the administration of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement). 3. The plaintiff pay the defendant's costs incurred on 3 October 2006 on a solicitor and client basis, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA