Arms v WSA Online Limited (ACN 081 121 495) (Subject to a Deed of Company Arrangement) [2007] FCA 1712

FEDERAL COURT OF AUSTRALIA

Arms v WSA Online Limited (ACN 081 121 495) (Subject to a Deed of Company Arrangement) [2007] FCA 1712

SIMON ARMS v WSA ONLINE LIMITED (ACN 081 121 495) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT), JAMES HOUGHTON AND JAMES STUDENT VID 228 OF 2001

RYAN J

9 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 228 OF 2001

BETWEEN: SIMON ARMS

Applicant

AND: WSA ONLINE LIMITED (ACN 081 121 495) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)

First Respondent

JAMES HOUGHTON

Second Respondent

JAMES STUDENT

Third Respondent

JUDGE: RYAN J

DATE OF ORDER: 9 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. It be declared that the applicant is entitled to a lien or charge over any moneys paid or payable by CGU Professional Risks Insurance to the first respondent by way of indemnity pursuant to a Civil Liability Professional Indemnity Insurance Policy in respect of the claim by the applicant, such lien or charge being to the extent of the costs and disbursements reasonably expended by the applicant in prosecuting the action herein against the first respondent and having priority over the claims of the administrators and creditors under the Deed of Company Arrangement in relation to the first respondent. 2. There be liberty to the applicant and the first respondent to apply on not less than 48 hours notice in writing to the other party in respect of any matter arising under paragraph 1 of this Order. 3. The applicant's costs of and incidental to the claim to the lien or charge referred to in paragraph 1 of this Order be taxed and paid by the first respondent and form part of the costs and disbursements referred to in paragraph 1 of this Order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA