Fleet Finance Ltd v Adraw Pty Ltd (subject to Deed of Company Arrangement)

[1996] FCA 963

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION

No. VG 3229 of 1996

BETWEEN:

FLEET FINANCE LIMITED
  (ACN 003 248 477)

Applicant

- and -

ADRAW PTY. LTD. (subject to Deed of Company
            Arrangement) (ACN 002 035 949) RODERICK MACKAY
      SUTHERLAND, MICHAEL CHRISTOPHER CORCORAN and
  CATHERINE MARY CORCORAN

Respondents

CORAM:MERKEL J.

PLACE:MELBOURNE

DATE:21 AUGUST 1996

REASONS FOR JUDGMENT

HIS HONOUR:   The parties have agreed that the amount in issue in the present case does not warrant a contested hearing in a superior court, whether it be the Federal Court or the Supreme Court.  There is also a consensus that cross-vesting to the Supreme Court seems to be appropriate because it is through that avenue that the proceeding may then be transferred down to a County or the equivalent of a Magistrate's Court, so that the expenses involved in the resolution of this matter will be kept under control and within reasonable limits.

So in those circumstances, it is my view that it is appropriate and in the interests of justice that proceedings No VG 3229 of 1996 be transferred to the Supreme Court of New South Wales.  It is also appropriate that the costs of the motion for the transfer and of the hearing today be reserved,
and be costs in the cause.  That will have the consequence that all outstanding motions will then be transferred to the Supreme Court, including the motion that would permit money to be paid into court.  I would hope the parties would continue to use their endeavours to ensure that the money in dispute is in effect paid into an interest bearing account to abide the result.

On the question of costs of the Administrator, the second named respondent, it seems inappropriate that I make any order other than reserving costs at this stage, although I do indicate for the record that nothing has been put to me that would suggest that the Administrator has acted other than properly in coming to the court and offering to pay the money into Court. I would expect, subject to what may happen hereafter that the Administrator will recover his costs directly or indirectly from the party who was ultimately unsuccessful in these proceedings.

So the formal orders will be that ‑ ‑ ‑ 

HIS HONOUR:   So the formal orders are that proceedings No VG 3229 of 1996 be transferred to the Supreme Court of New South Wales, and I reserve the costs of the motion and of the hearing before me today to be determined by the court that ultimately disposes of this matter. 

HIS HONOUR:   Yes, and I will also reserve costs of the Administrator's motion on the same basis.

I certify that this and the preceding 1 page is a true copy of the Reasons for Judgment of the Honourable Justice Merkel.

Associate:

Date:

Heard:21 August 1996

Place:Melbourne

Judgment:21 August 1996

Appearances:              Mr. J. Elliott instructed by Gavin Duffy & King Solicitors appeared for the applicant.

Mr. A. Cooke of the firm of Coadys Solicitors appeared for the first and second respondents.

Mr. A. Klotz instructed by Rigby Cooke appeared for the third and fourth respondents.