Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vatera Pty Limited v Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement); in the Matter of Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement) [2008] FCA 468
CORPORATIONS LAW – orders to be made on termination of a deed of company arrangement and consequent liquidation COSTS – submitting defendants liable for a proportion of costs of proceeding where partly responsible for need for proceeding
Vatera Pty Limited v Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement); in the Matter of Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement) [2008] FCA 404 related IN THE MATTER OF MERIBAL INTERIORS NSW PTY LIMITED (UNDER DEED OF COMPANY ARRANGEMENT) ACN 095 830 041 VATERA PTY LIMITED ACN 003 645 494 v MERIBAL INTERIORS NSW PTY LIMITED (UNDER DEED OF COMPANY ARRANGEMENT) ACN 095 830 041, CORYNNE LEE MCARTHUR, ANTONY DE VRIES and RIAD TAYEH
NSD 2201 of 2007
GYLES J
8 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2201 of 2007
IN THE MATTER OF MERIBAL INTERIORS NSW PTY LIMITED (UNDER DEED OF COMPANY ARRANGEMENT) ACN 095 830 041 BETWEEN: VATERA PTY LIMITED ACN 003 645 494
Plaintiff
AND: MERIBAL INTERIORS NSW PTY LIMITED (UNDER DEED OF COMPANY ARRANGEMENT) ACN 095 830 041
First Defendant
CORYNNE LEE MCARTHUR
Second Defendant
ANTONY DE VRIES
Third Defendant
RIAD TAYEH
Fourth Defendant
JUDGE: GYLES J
DATE OF ORDER: 8 APRIL 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Deed of Company Arrangement entered into by the First Defendant on 21 August 2007 is terminated. 2. The First Defendant be wound up under the provisions of the Corporations Act 2001 and that Mr John Lord be appointed liquidator. 3. The Third and Fourth Defendants pay to the liquidator all funds which they received from the First Defendant, including without limitation, funds received for their fees pursuant to the said Deed of Company Arrangement. 4. The Second Defendant pay 50% of the Plaintiff's costs of the proceeding and the Third and Fourth Defendants jointly and severally pay 50% of the Plaintiff's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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