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 (19 January 2011)

Last Updated: 24 January 2011

FEDERAL COURT OF AUSTRALIA

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

Citation:		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
Parties:		TIMOTHY BRYCE NORMAN AND SALVATORE ALGERI IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF FOREST ENTERPRISES AUSTRALIA LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) AND OF FEA CARBON PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) AND AS CONTROLLERS OF TASMANIAN PLANTATION PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (CONTROLLERS ACTING) AND OTHERS ACCORDING TO THE ATTACHED SCHEDULE V FEA PLANTATIONS LTD (ADMINISTRATORS APPOINTED) (RECEIVERS APPOINTED) AND FEA GROWERS GROUP INC. A0054610B
File number:		VID 692 of 2010
Judge:		FINKELSTEIN J
Date of judgment:		19 January 2011
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	2
Counsel for the Plaintiffs:	P D Crutchfield SC Dr O Bigos
Solicitor for the Plaintiffs:	Maddocks
Counsel for the First Defendant:	A P Young
Solicitor for the First Defendant:	DLA Phillips Fox
Counsel for the Second Defendant:	G Bigmore QC S Hopper
Solicitor for the Second Defendant:	Clarendon Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 692/2010

BETWEEN:

TIMOTHY BRYCE NORMAN AND SALVATORE ALGERI IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF FOREST ENTERPRISES AUSTRALIA LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) AND OF FEA CARBON PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) AND AS CONTROLLERS OF TASMANIAN PLANTATION PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (CONTROLLERS ACTING) AND OTHERS ACCORDING TO THE ATTACHED SCHEDULE Plaintiffs

AND:

FEA PLANTATIONS LTD (ADMINISTRATORS APPOINTED) (RECEIVERS APPOINTED) AND FEA GROWERS GROUP INC. A0054610B Defendants

JUDGE:	FINKELSTEIN J
DATE OF ORDER:	24 DECEMBER 2010
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed.
2. Costs be reserved.
3. There be liberty to apply.
   

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 692/2010

BETWEEN:

TIMOTHY BRYCE NORMAN AND SALVATORE ALGERI IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF FOREST ENTERPRISES AUSTRALIA LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) AND OF FEA CARBON PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) AND AS CONTROLLERS OF TASMANIAN PLANTATION PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (CONTROLLERS ACTING) AND OTHERS ACCORDING TO THE ATTACHED SCHEDULE Plaintiffs

AND:

FEA PLANTATIONS LTD (ADMINISTRATORS APPOINTED) (RECEIVERS APPOINTED) AND FEA GROWERS GROUP INC. A0054610B Defendants

JUDGE:	FINKELSTEIN J
DATE:	19 JANUARY 2011
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. On 21 December 2010 I published my reasons in which I dealt with various aspects of the plaintiffs’ claims. They were given a short time within which to formulate appropriate orders. The parties were not able to agree on the orders that should be made. Instead, the administrator requested there be an oral hearing.
2. This would have taken some time. In the meantime it had become apparent that the plaintiffs wished to appeal the decision. As no orders had been entered, it was not possible for them to file a notice of appeal: Driclad Pty Ltd v FCT [1968] HCA 91; (1968) 121 CLR 45. To enable an appeal to be resolved in a timely manner orders needed to be entered. The plaintiffs considered, in the circumstances, that the most appropriate orders to be made were to dismiss the application with liberty to apply and to reserve costs. The other parties agreed. Accordingly, on 24 December 2010 I made the orders sought.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finkelstein.

Associate:

Dated: 19 January 2011

SCHEDULE OF PARTIES

TIMOTHY BRYCE NORMAN and SALVATORE ALGERI in their capacity as joint and several receivers and managers of FOREST ENTERPRISES AUSTRALIA LTD ACN 009 553 548 (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) and of FEA CARBON PTY LTD ACN 009 505 195 (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) and TASMANIAN PLANTATION PTY LTD ACN 009 560 463 (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (CONTROLLERS ACTING)

First and Second Plaintiffs

FOREST ENTERPRISES AUSTRALIA LTD A CN 009 553 548 (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED)

Third Plaintiff

TASMANIAN PLANTATION PTY LTD ACN 009 560 463 (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (CONTROLLERS ACTING)

Fourth Plaintiff

FEA CARBON PTY LTD ACN 009 505 195 (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED)

Fifth Plaintiff

FEA PLANTATIONS LIMITED ACN 055 969 429 (ADMINISTRATORS APPOINTED) (RECEIVERS APPOINTED)

First Defendant

FEA GROWERS GROUP INC. A0054610B

Second Defendant