Norman, in the matter of Forest Enterprises Australia Limited (Administrators Appointed) (Receivers & Managers Appointed) v FEA Plantations Ltd (Administrators Appointed) (Receivers Appointed) (No 2) [2011] FCA 20

Norman, in the matter of Forest Enterprises Australia Limited (Administrators Appointed) (Receivers & Managers Appointed) v FEA Plantations Ltd (Administrators Appointed) (Receivers Appointed) (No 2) [2011] FCA 20

Because no orders had been entered, the plaintiffs could not file a notice of appeal, and orders needed to be entered to enable any appeal to be resolved in a timely manner; as the plaintiffs sought dismissal of the application with liberty to apply and costs reserved, and the other parties agreed, those orders were made.

Jurisdiction
Australia
Judgment Date
19 January 2011
Procedural Posture
Application / Orders Following Reasons for Judgment
Outcome
The application was dismissed; costs were reserved; liberty to apply was granted.
Legal Topics
['entry of Orders' 'appeal' 'costs Reserved' 'liberty to Apply' 'administration and Receivership']
['civil Procedure' 'corporations'] ['entry of Orders' 'appeal' 'costs Reserved' 'liberty to Apply' 'administration and Receivership']

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Procedural Posture

Application / Orders Following Reasons for Judgment

Legal Issues

  1. 1 ['What orders should be made after the parties were unable to agree on orders following the reasons published on 21 December 2010.' 'Whether orders should be entered to enable the plaintiffs to file a notice of appeal.']

Ratio Decidendi

Because no orders had been entered, the plaintiffs could not file a notice of appeal, and orders needed to be entered to enable any appeal to be resolved in a timely manner; as the plaintiffs sought dismissal of the application with liberty to apply and costs reserved, and the other parties agreed, those orders were made.

Court Disposition

The application was dismissed; costs were reserved; liberty to apply was granted.

Orders

  • ['The application be dismissed.' 'Costs be reserved.' 'There be liberty to apply.']