Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ZMB Australia Pty Ltd v Warne [2011] FCA 311 Citation: ZMB Australia Pty Ltd v Warne [2011] FCA 311
Appeal from: Australian Securities & Investments Commission v GDK Financial Solutions Pty Ltd (in liq) & Ors [2010] FCA 710
Parties: ZMB AUSTRALIA PTY LTD (ACN 105 746 067) and YOUNG TURKS PTY LTD (ACN 005 872 122) v PETER HASTINGS WARNE
File number(s): VID 928 of 2010
Judge: RYAN J
Date of judgment: 1 April 2011
Date of hearing: 25 March 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 25
Counsel for the First and Second Appellants: Mr A Kirby
Solicitor for the First and Second Appellants: Tony Hargreaves & Partners
Counsel for the Respondent: Ms D Hogan-Doran
Solicitor for the Respondent: Arnold Bloch Leibler
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 928 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ZMB AUSTRALIA PTY LTD (ACN 105 746 067)
First Appellant
YOUNG TURKS PTY LTD (ACN 005 872 122)
Second Appellant
AND: PETER HASTINGS WARNE
Respondent
JUDGE: RYAN J DATE OF ORDER: 1 APRIL 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Peter Hastings Warne be joined as a respondent to the proceedings ("the Appeal") as a representative of the 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; and (c) Rental Fleets Australia Pty Ltd. 2. Subject to further order, Peter Hastings Warne, in his capacity as a representative of the members of the Mews Scheme, do all things necessary and reasonable to respond to the Appeal, and has the power and leave of the Court to: (a) respond to the Appeal; (b) inquire as to the possibility of a commercial resolution of the Appeal and the subject matter of the Appeal, including the appellants' notice of motion dated 23 April 2009; (c) enter into a settlement of the Appeal and the subject matter of the Appeal, including the appellants' notice of motion dated 23 April 2009, provided that the coming into effect of any such agreement must be subject to approval of the Court; and (d) otherwise do all things necessary and reasonable to respond to the Appeal. 3. Subject to further order, Peter Hastings Warne be indemnified out of the assets of the Mews Scheme against all costs necessarily and properly incurred by him in responding to the Appeal and in relation to the motion on notice dated 15 March 2011 including his costs of the hearing on 25 March 2011 which costs shall be payable out of the account ("the Account") maintained by the Mews Receivers in accordance with paragraph 15(a) of the orders of the Court made 28 November 2006 in proceeding No. VID 590 of 2006. 4. The appellants' costs of the respondent's notice of motion dated 15 March 2011 and filed in the appeal be payable out of the Account. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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