Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mentha, In the matter of Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 764 Citation: Mentha, In the matter of Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 764
Parties: MARK FRANCIS XAVIER MENTHA, CLIFFORD STUART ROCKE, SCOTT BRADLEY KERSHAW, BRIAN KEITH MCMASTER, IN THEIR CAPACITIES AS JOINT AND SEVERAL ADMINISTRATORS OF THE GRIFFIN COAL MINING COMPANY PTY LTD (ADMINISTRATORS APPOINTED) (ACN 008 667 285) CLIFFORD STUART ROCKE AND SCOTT BRADLEY KERSHAW, IN THEIR CAPACITIES AS JOINT AND SEVERAL ADMINISTRATORS OF THE GRIFFIN COAL MINING COMPANY PTY LTD (ADMINISTRATORS APPOINTED) (ACN 008 667 285) CARPENTER MINE MANAGEMENT PTY LTD (ADMINISTRATORS APPOINTED) (ACN 106 053 703) AND CARPENTER MINE MANAGEMENT HOLDINGS PTY LTD (ADMINISTRATORS APPOINTED) (ACN 122 080 684)
File number: WAD 183 of 2010
Judge: GILMOUR J
Date of judgment: 8 July 2010
Catchwords: CORPORATIONS - application by administrators under s 447A to alter operation of Pt 5.3A of the Corporations Act 2001 (Cth) - sought to relieve administrators of personal liabilities from proposed financing arrangement - whether in the best interest of company - application granted.
Legislation: Corporations Act 2001 (Cth) ss 435A, 443, 447A(1), Pt 5.3A
Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 Carter; Mentha; re Griffin Coal Mining Company Pty Ltd [2010] FCA 30 Mentha; re Griffin Coal Mining Company Pty Ltd (No 2) [2010] FCA 499 Re Ansett Australia Ltd (2002) 115 FCR 376 Re Australian Business Colleges Pty Ltd [2010] VSC 47 Re Great Southern Infrastructure Pty Ltd; ex parte Jones [2009] WASC 161 Re Malanos [2007] NSWSC 865 Re SFM Australasia Pty Ltd [2009] FCA 360 Re Spyglass Management Group Pty Ltd (2004) 51 ACSR 432 Re View Gold Pty Ltd; ex parte Saker [2008] WASC 241 Sims; Re Huon Corporation Pty Ltd (Administrators appointed) (2006) 58 ACSR 620
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