Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham (No 4) [2012] NSWSC 677

Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Kenneth Michael Whittingham (No 4) [2012] NSWSC 677

The parties agreed on the orders required to give effect to the earlier judgment in Correa v Whittingham (No 3) [2012] NSWSC 526, and the Court made those orders while noting that the Plaintiffs' consent was without prejudice to their appeal rights.

Jurisdiction
Australia
Judgment Date
21 June 2012
Procedural Posture
Equity Division Corporations List Proceedings / Agreed Orders to Give Effect to Judgment
Outcome
Detailed agreed orders made to give effect to judgment.
Legal Topics
['orders' 'deed of Company Arrangement' 'administrator Appointment' 'validation Orders' 'administrator Remuneration and Indemnity' 'costs']
['practice and Procedure' 'corporations' 'costs'] ['orders' 'deed of Company Arrangement' 'administrator Appointment' 'validation Orders' 'administrator Remuneration and Indemnity' 'costs']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Division Corporations List Proceedings / Agreed Orders to Give Effect to Judgment

Legal Issues

  1. 1 ["Whether orders should be made under ss 447A and 1322(4)(a) of the Corporations Act 2001 (Cth) validating the Defendant's appointment as administrator of the Second Plaintiff on 17 November 2008 and related acts or proceedings." 'Whether the Second Further Amended Originating Process should be dismissed.' "Whether the Defendant is entitled to reimbursement and indemnity for remuneration, legal costs and disbursements as administrator and deed administrator and a lien over the Second Plaintiff's assets." "Whether the First Plaintiff should pay the Defendant's costs of the proceedings."]

Ratio Decidendi

The parties agreed on the orders required to give effect to the earlier judgment in Correa v Whittingham (No 3) [2012] NSWSC 526, and the Court made those orders while noting that the Plaintiffs' consent was without prejudice to their appeal rights.

Court Disposition

Detailed agreed orders made to give effect to judgment.

Orders

  • ["Pursuant to the Defendant's Amended Interlocutory Process filed 20 February 2012, order under s 447A of the Corporations Act (Cth) 2001 that Pt 5.3A of the Act is to operate in relation to the Second Plaintiff as if the Defendant was validly appointed as administrator of the Second Plaintiff on 17 November 2008...