Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tasmanian Water & Sewerage Corporation Pty Ltd v Hayes [2015] FCA 506 Citation: Tasmanian Water & Sewerage Corporation Pty Ltd v Hayes [2015] FCA 506
Parties: TASMANIAN WATER & SEWERAGE CORPORATION PTY LTD v ALAN HAYES and AQUAGENICS PTY LTD
File number: TAD 29 of 2014
Judge: MIDDLETON J
Date of judgment: 19 May 2015
Legislation: Corporations Act 2001 (Cth)
Date of hearing: 19 May 2015
Place: Hobart
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 11
Counsel for the Plaintiff: Mr SB McElwaine SC
Solicitor for the Plaintiff: Shaun McElwaine & Associates
Counsel for the First Defendant: Mr C Harris SC
Solicitor for the First Defendant: Surry Partners Lawyers
IN THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY GENERAL DIVISION TAD 29 of 2014
BETWEEN: TASMANIAN WATER & SEWERAGE CORPORATION PTY LTD
Plaintiff
AND: ALAN HAYES
First Defendant
AQUAGENICS PTY LTD
Second Defendant
JUDGE: MIDDLETON J DATE OF ORDER: 19 MAY 2015 WHERE MADE: HOBART
THE COURT ORDERS THAT:
1. Under s 447A of the Act, that s 445D(1)(g) of the Act apply to the second defendant subject to Orders 3 and 4 below. 2. The Deed of Company Arrangement be terminated pursuant to s 445D(1)(g) of the Act. 3. Notwithstanding the effect of clause 14 of the Deed of Company Arrangement, the claims of the plaintiff against the second defendant not be extinguished. 4. As a condition of Order 2 above, that the plaintiff pay the first defendant's remuneration and expenses as Deed Administrator of the second defendant, relating to insurance claims for the benefit of the plaintiff, in such amount as is agreed between the plaintiff and the first defendant or as approved by the Court pursuant to s 449E(1A)(c) of the Act, excluding the legal costs of this proceeding referred to in Order 5 below. 5. Each party bear their own costs of this proceeding. 6. Barry Kenneth Hamilton of Barry Hamilton & Associates of Level 1, 63 Salamanca Place Hobart, Tasmania be appointed as liquidator of the second defendant. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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