Kreab Gavin Anderson (Australia) Ltd, in the matter of Kreab Gavin Anderson (Australia) Ltd (No 4)

[2017] FCA 1609

FEDERAL COURT OF AUSTRALIA

Kreab Gavin Anderson (Australia) Ltd, in the matter of Kreab Gavin Anderson (Australia) Ltd (No 4) [2017] FCA 1609

File number:

NSD 218 of 2017

Judge:

YATES J

Date of judgment:

21 December 2017

Catchwords:

CORPORATIONS – reasonable remuneration of administrators and liquidators under invalid appointments – referee appointed – report adopted in whole  

Legislation:

Federal Court of Australia Act 1976 (Cth) s 54A

Federal Court Rules 2011 (Cth) r 28.67

Registry:

New South Wales

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Category:

Catchwords

Number of paragraphs:

6

Solicitor for the Plaintiff:

Mr M Mathas of Norton Rose Fulbright Australia

ORDERS

NSD 218 of 2017

IN THE MATTER OF KREAB GAVIN ANDERSON (AUSTRALIA) LTD ARBN 003 287 643

KREAB GAVIN ANDERSON (AUSTRALIA) LTD ARBN 003 287 643

Plaintiff

JUDGE:

YATES J

DATE OF ORDER:

21 DECEMBER 2017

THE COURT ORDERS THAT:

1.Compliance with r 2.2(2) of the Federal Court (Corporations) Rules 2000 (Cth) be dispensed with for the purpose of the applicants seeking Order 2 hereof.

2.The report of the New South Wales District Registrar dated 14 December 2017, given pursuant to Order 2 made on 8 December 2017, be adopted in whole.

3.The remuneration of the applicants, Simon John Thorn and Bradley John Tonks, in accordance with the declaration made on 8 December 2017, be determined in the sum of $104,165.00.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

YATES J:

1. On 8 December 2017, I made a declaration that the applicants, Simon John Thorn and Bradley John Tonks, are entitled to reasonable remuneration for the work carried out by them, including by their partners and staff, when purporting to act as administrators of the plaintiff in the period from 6 December 2016, and in purporting to act as liquidators in a creditors’ voluntary winding up of the plaintiff in the period from 18 January 2017, up to the time of their appointment as provisional liquidators of the plaintiff on 21 February 2017. 

2. I also made an order that, pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth), the New South Wales District Registrar of the Court (the District Registrar) be appointed as referee to determine the reasonable remuneration of the applicants, as declared:  Kreab Gavin Anderson (Australia) Ltd, in the matter of Kreab Gavin Anderson (Australia) Ltd (No 3) [2017] FCA 1473.

3. The District Registrar has now provided a report.  In that report, and for the reasons given, he has determined that the reasonable remuneration of the applicants when purporting to act as administrators from 6 December 2016 is $90,597.50, and that the reasonable remuneration of the applicants when purporting to act as liquidators in a creditors’ voluntary winding up from 18 January 2017 is $13,567.50 (the report).

4. In correspondence with my Chambers (email 20 December 2017), the applicants, through their solicitor, now ask the Court to adopt the report in whole, pursuant to r 28.67(1)(a) of the Federal Court Rules 2011 (Cth). I am prepared to act on that request without the need for the filing of an interlocutory process seeking an order for adoption.

5. I have considered the report, which I have now marked as Exhibit B, and am prepared to adopt it.

6. I will make an order that the remuneration of the applicants, in accordance with the declaration made on 8 December 2017, be determined in the sum of $104,165.00.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates.

Associate: 

Dated:        21 December 2017