Tasmanian Water and Sewerage Corporation Pty Ltd v Hayes

The Tasmanian Water and Sewerage Corporation Pty Ltd sought an order against two defendants, who were in the process of being wound up, for debts owed by the second defendant. The court had to decide whether the second defendant's debt was covered by the protection afforded by a Deed of Company Arrangement, and if so, whether the plaintiff's claim was extinguished by that arrangement. The court also needed to determine whether the plaintiff's claim against the second defendant was covered by a particular section of the Act and if the plaintiff was entitled to remuneration and expenses from the first defendant, who was the Deed Administrator of the second defendant.

The court found that the plaintiff's claim against the second defendant was covered by a specific section of the Act, and that the claim was not extinguished by the Deed of Company Arrangement. The court also found that the plaintiff was entitled to remuneration and expenses from the first defendant for the benefit of the plaintiff, relating to insurance claims. The court determined that the remuneration and expenses should be agreed upon by the parties or approved by the Court. The court appointed a liquidator for the second defendant and ordered that each party bear their own costs of the proceeding. The court also ordered that the Deed of Company Arrangement be terminated.