Vatera Pty Limited v Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement); in the Matter of Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement) [2008] FCA 468

Vatera Pty Limited v Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement); in the Matter of Meribal Interiors NSW Pty Limited (Under Deed of Company Arrangement) [2008] FCA 468

Given the roles of the second, third, and fourth defendants in the proceeding and events leading to it, the second defendant, having defended and failed, and the third and fourth defendants, being primarily responsible for defects, are to bear 50% each of the plaintiff's costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 April 2008
Procedural Posture
Corporations Law Application / Orders Following Judgment
Outcome
Deed of company arrangement terminated; company wound up; liquidator appointed; administrators to pay funds to liquidator; costs apportioned as specified in orders.
Legal Topics
['termination of Deed of Company Arrangement' 'winding Up' 'liquidator Appointment' 'recovery of Administrator Fees' 'allocation of Costs']
['corporations Law' 'costs'] ['termination of Deed of Company Arrangement' 'winding Up' 'liquidator Appointment' 'recovery of Administrator Fees' 'allocation of Costs']

Source-derived case record

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Procedural Posture

Corporations Law Application / Orders Following Judgment

Legal Issues

  1. 1 ['Orders to be made upon termination of deed of company arrangement and consequent liquidation' 'Responsibility for payment of costs among parties' 'Whether third and fourth defendants (administrators) should pay funds received to liquidator']

Ratio Decidendi

Given the roles of the second, third, and fourth defendants in the proceeding and events leading to it, the second defendant, having defended and failed, and the third and fourth defendants, being primarily responsible for defects, are to bear 50% each of the plaintiff's costs.

Court Disposition

Deed of company arrangement terminated; company wound up; liquidator appointed; administrators to pay funds to liquidator; costs apportioned as specified in orders.

Orders

  • ['The Deed of Company Arrangement entered into by the First Defendant on 21 August 2007 is terminated.' 'The First Defendant be wound up under the provisions of the Corporations Act 2001 and that Mr John Lord be appointed liquidator.' 'The Third and Fourth Defendants pay to the liquidator all funds which they...