Strazdins v DNPW Pty Ltd [2013] FCA 1368

Strazdins v DNPW Pty Ltd [2013] FCA 1368

Former administrators are entitled to apply for determination of their remuneration under s 449E of the Corporations Act; no order is required under s 447A for standing. Delay and procedural issues do not, in themselves, warrant dismissal or refusal to entertain the application. The proceeding will not be transferred to the Supreme Court of the Northern Territory.

Parties
First Plaintiff: Andre Strazdins; Second Plaintiff: Nick Cooper; Defendant: DNPW Pty Ltd; Objector: NT Pubco Pty Ltd; Objector: Garrihy Pty Ltd; Objector: DMTL Management Pty Ltd; Objector: ANZ Bank
Jurisdiction
Australia
Judgment Date
16 December 2013
Procedural Posture
Corporate Insolvency/remuneration Determination / Interlocutory Applications, Adjourned for Further Hearing on Appropriate Orders
Outcome
Applications adjourned to a date to be fixed to hear parties on appropriate orders.
Legal Topics
Remuneration of Administrators, Standing Under S 449 E, Procedural Compliance Under Federal Court (corporations) Rules R 9.2, Transfer of Proceedings Under Jurisdiction of Courts (cross Vesting) Act, Effect of Delay and Prejudice
Corporations Law Insolvency Practice and Procedure Remuneration of Administrators Standing Under S 449 E Procedural Compliance Under Federal Court (corporations) Rules R 9.2 Transfer of Proceedings Under Jurisdiction of Courts (cross Vesting) Act Effect of Delay and Prejudice

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Parties

Andre Strazdins

First Plaintiff

Nick Cooper

Second Plaintiff

DNPW Pty Ltd

Defendant

NT Pubco Pty Ltd

Objector

Garrihy Pty Ltd

Objector

DMTL Management Pty Ltd

Objector

ANZ Bank

Objector

Procedural Posture

Corporate Insolvency/remuneration Determination / Interlocutory Applications, Adjourned for Further Hearing on Appropriate Orders

Legal Issues

  1. 1 Whether former administrators/deed administrators have standing under s 449E of the Corporations Act to seek determination of remuneration
  2. 2 Whether procedural requirements under r 9.2 Federal Court (Corporations) Rules have been met
  3. 3 Whether delay or prejudice requires dismissal or refusal of application

Ratio Decidendi

Former administrators are entitled to apply for determination of their remuneration under s 449E of the Corporations Act; no order is required under s 447A for standing. Delay and procedural issues do not, in themselves, warrant dismissal or refusal to entertain the application. The proceeding will not be transferred to the Supreme Court of the Northern Territory.

Court Disposition

Applications adjourned to a date to be fixed to hear parties on appropriate orders.

Orders

  • The plaintiffs' application filed on 9 May 2013 and the application of the defendant, NT Pubco Pty Ltd, Garrihy Pty Ltd and DMTL Management Pty Ltd dated 8 July 2013 be adjourned to a date to be fixed for the parties to be heard as to the appropriate orders.