In the matter of Wingaway Air Pty Limited (Administrator Appointed) ACN 003 200 128 and Heron Airlines Travel Pty Limited (Administrator Appointed) ACN 052 408 170 [2012] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Wingaway Air Pty Limited (Administrator Appointed) ACN 003 200 128 and Heron Airlines Travel Pty Limited (Administrator Appointed) ACN 052 408 170 [2012] NSWSC 246 Hearing dates: 14 March 2012 Decision date: 14 March 2012 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: Orders as to how Part 5.3A of the Corporations Act 2001 (Cth) is to operate Catchwords: CORPORATIONS - Part 5.3A Corporations Act 2001 (Cth) - section 447A Corporations Act 2001 (Cth) - where administrator appointed and a party related to the company foreshadows challenge to his appointment but does not carry through with the challenge - uncertainty of administrator's position where administrator has accepted the appointment and has acted in good faith - appropriate to make orders ensuring certainty of position Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Sims; Re Huon Corporation Pty Limited (Administrators Appointed) (2006) 58 ACSR 620 Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 Re Inventive Marketing Pty Ltd (In Liquidation) [2000] VSC 432 Category: Principal judgment Parties: Michael Gregory Jones in his capacity as administrator of Wingaway Air Pty Limited (Administrator Appointed) and Heron Airlines Travel Pty Limited (Administrator Appointed) - Plaintiff Wingaway Air Pty Limited (Administrator Appointed) ACN 003 200 128 - First Defendant Heron Airlines Travel Pty Limited (Administrator Appointed) ACN 052 408 170 - Second Defendant Representation: Counsel: T.C. Russell - Plaintiff E.S. Yamine - AT Air Group and Ross Seller (Interested Parties) B. DeBuse - The Siewerts (Interested Parties) Solicitors: ERA Legal - Plaintiffs Bartier Perry - AT Air Group and Ross Seller (Interested Parties) Marsdens - The Siewerts (Interested Parties) File Number(s): 2012/77869