White v Norman; In the Matter of Forest Enterprises Australia Limited (Receivers and Managers Appointed) (in Administration) (No 2) [2012] FCA 163

White v Norman; In the Matter of Forest Enterprises Australia Limited (Receivers and Managers Appointed) (in Administration) (No 2) [2012] FCA 163

The appropriate orders on appeal under s 1321 are declarations and modification of the receivers' decision, not an order for payment or for interest in priority; no power to award interest under s 1321 of the Corporations Act or s 51A of the Federal Court of Australia Act; costs are to be paid by the defendants on a party and party basis as the proceeding is adversarial.

Jurisdiction
Australia
Judgment Date
02 March 2012
Procedural Posture
Appeal Under Corporations Act S 1321 / Final Orders Following Reasons for Judgment
Outcome
Declarations made and receivers' decision modified; plaintiff's appeal allowed to the extent specified; no order for payment or interest; defendants to pay plaintiff's costs on a party and party basis; proceeding otherwise dismissed.
Legal Topics
['priority of Employee Claims' "receivers and Managers' Powers" 'interest on Entitlements' 'costs (party and Party Vs Indemnity)']
['corporations Law'] ['priority of Employee Claims' "receivers and Managers' Powers" 'interest on Entitlements' 'costs (party and Party Vs Indemnity)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Under Corporations Act S 1321 / Final Orders Following Reasons for Judgment

Legal Issues

  1. 1 ['Whether certain employment entitlements are payable and with what priority under the Corporations Act 2001 (Cth)' "Whether the court can order payment or only declarations/modification of receiver's decisions" 'Whether the court has power to award interest under s 1321 of the Corporations Act 2001 (Cth) or s 51A of the Federal Court of Australia Act 1976 (Cth)' 'On what basis costs should be awarded (party and party or indemnity)']

Ratio Decidendi

The appropriate orders on appeal under s 1321 are declarations and modification of the receivers' decision, not an order for payment or for interest in priority; no power to award interest under s 1321 of the Corporations Act or s 51A of the Federal Court of Australia Act; costs are to be paid by the defendants on a party and party basis as the proceeding is adversarial.

Court Disposition

Declarations made and receivers' decision modified; plaintiff's appeal allowed to the extent specified; no order for payment or interest; defendants to pay plaintiff's costs on a party and party basis; proceeding otherwise dismissed.

Orders

  • ['Declarations as to amounts and priority of entitlements (annual leave, long service leave, in lieu of notice, superannuation, and wages)' 'Amounts of annual and long service leave not to be afforded priority' 'Amounts for in lieu of notice and associated superannuation, and specified wages, to be afforded...