Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493

FEDERAL COURT OF AUSTRALIA

Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493 Citation: Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493

Parties: BRUNO ANTHONY ROBERT SECATORE, DANIEL PETER JURATOWITCH AND GLENN JOHN SPOONER IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF FLETCHER JONES AND STAFF PTY LTD (ADMINISTRATORS APPOINTED) (ACN 004 257 774)

File number: VID 1463 of 2011

Judge: GORDON J

Date of judgment: 20 December 2011

Date of hearing: 20 December 2011

Date of last submissions: 20 December 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 38

Counsel for the Plaintiff: Mr H Austin

Solicitor for the Plaintiff: Mills Oakley Lawyers

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1463 of 2011

IN THE MATTER OF FLETCHER JONES AND STAFF PTY LTD (ADMINISTRATORS APPOINTED) (ACN 004 257 774) BRUNO ANTHONY ROBERT SECATORE, DANIEL PETER JURATOWITCH AND GLENN JOHN SPOONER IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF FLETCHER JONES AND STAFF PTY LTD (ADMINISTRATORS APPOINTED) (ACN 004 257 774)

Plaintiffs

JUDGE: GORDON J DATE OF ORDER: 20 DECEMBER 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Plaintiffs have leave to amend the Originating Process in the terms of the proposed amended Originating Process and service of that amended Originating Process is dispensed with. 2. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth) (the Act): 2.1 the liabilities of the Plaintiffs, in their capacities as joint and several administrators of Fletcher Jones and Staff Pty Ltd (administrators appointed) (ACN 004 257 774) (the Company), pursuant to the terms of the funding deed between the Plaintiffs, the Company and Leslie Francis and Associates Australia Pty Ltd (ACN 004 895 952) (the Funding Deed), are limited in the manner provided for by the Funding Deed; 2.2 the operation of s 443A(2) of the Act is modified so far as it applies to the liabilities of the Plaintiffs in their capacities as joint and several administrators of the Company pursuant to the Funding Deed, so as to permit the liabilities of the Plaintiffs to be limited in the manner provided for by the Funding Deed; 2.3 s 443A(1) of the Act is modified so far as it applies to the liabilities of the Plaintiffs in their capacities as joint and several administrators of the Company pursuant to the Funding Deed, so the Plaintiffs are not personally liable under s 443A(1)(d)-(f) of the Act or otherwise for, or in connection with, the funds provided pursuant to the Funding Deed (including, without limitation, repayment of the money borrowed, interests thereon and borrowing costs) otherwise than in accordance with the terms of the Funding Deed. 3. Pursuant to s 447D(1) of the Act, the Plaintiffs are justified, and would otherwise be acting reasonably, in causing the Company to enter into the Funding Deed. 4. By 23 December 2011, the Plaintiffs: 4.1 upload a copy of these Orders onto the Cor Cordis website; and 4.2 send a circular letter to Creditors of the Company (by email in respect of those Creditors who have informed the Plaintiffs that email is their preferred method of communication and by post in respect of all other known Creditors) informing them of the substance of these Orders. 5. Liberty to apply is granted to any person who can demonstrate sufficient interest to modify or discharge Orders 2 or 3 on not less than 48 hours' notice to the Plaintiffs. 6. The Plaintiffs' costs of the application are costs in the administration of the Company. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.