Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AVS Property Pty Limited ACN 094 311 645 v Western Retirement Village Management Limited (In Liquidation) ACN 091 443 239 [2009] FCA 512
AVS PROPERTY PTY LIMITED ACN 094 311 645 v WESTERN RETIREMENT VILLAGE MANAGEMENT LIMITED (IN LIQUIDATION) ACN 091 443 239
VID 324 of 2009
RYAN J
14 MAY 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 324 of 2009
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AVS PROPERTY PTY LIMITED ACN 094 311 645
Applicant
AND: WESTERN RETIREMENT VILLAGE MANAGEMENT LIMITED (IN LIQUIDATION) ACN 091 443 239
Respondent
JUDGE: RYAN J
DATE OF ORDER: 14 MAY 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Time for appeal by AVS Property Pty Ltd ("AVS") from the orders of Finkelstein J of 14 November 2008 made in action VID 590 of 2006 be extended to 20 May 2009.
2. Brian Keith McMaster and Mark Francis Xavier Mentha in their capacity as joint and several receivers of the Mews Scheme (as defined in paragraph 8 of the Orders of Finkelstein J of 28 November 2006) be joined as respondents to the appeal.
3. Peter Hastings Warne, the seventh defendant in action VID 590 of 2006, be joined as a respondent to any appeal that is commenced pursuant to these orders in his personal capacity and as a representative of all members of the Mews Scheme other than:
(a) Those members who contributed only money's worth as the consideration for their interest in the Mews Scheme
(b) Giuseppe de Simone and Seachange Management Pty Ltd
(c) Rental Fleets Australia Pty Ltd.
4. Subject to further order:
(a) Mr Warne, the seventh defendant in action VID 590 of 2006, be indemnified out of the assets of the Mews Scheme against all costs necessarily and properly incurred by him in responding, in accordance with paragraph 4(b) of these orders, to any appeal that is commenced pursuant to these orders which costs shall be paid in priority to any amount found to be due and owing to AVS and shall be payable out of the account maintained in accordance with paragraph 15(a) of the Orders of 28 November 2006
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