FEDERAL COURT OF AUSTRALIA

 

Ansett Australia Ground Staff Superannuation Plan Pty Ltd (ACN 065 590 178)

(as Trustee of the Ansett Australia Ground Staff Superannuation Plan) v

Ansett Australia Limited (Subject to Deed of Company Arrangement)

(ACN 004 209 410)  [2004] FCA 130

 


ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN PTY LTD (ACN 065 590 178) (as Trustee of the ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN) v ANSETT AUSTRALIA LIMITED(Subject to Deed of Company Arrangement) (ACN 004 209 410) & ORS

 

ANSETT AUSTRALIA LIMITED(Subject to Deed of Company Arrangement) (ACN 004 209 410) & ORS v ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN PTY LTD (ACN 065 590 178) (as Trustee of the ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN)

 

V 3107 of 2002



GOLDBERG J

24 FEBRUARY 2004

MELBOURNE



IN THE FEDERAL COURT OF AUSTRALIA

 

VICTORIA DISTRICT REGISTRY

V 3107 of 2002

 

BETWEEN:

ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN PTY LTD (ACN 065 590 178)

(as Trustee of the ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN)

Applicant

 

AND:

ANSETT AUSTRALIA LIMITED (ACN 004 209 410)

(Subject to Deed of Company Arrangement)

First Respondent

MARK FRANCIS XAVIER MENTHA

(as Deed Administrator of ANSETT AUSTRALIA LIMITED) (Subject to Deed of Company Arrangement)

Second Respondent

MARK ANTHONY KORDA

(as Deed Administrator of ANSETT AUSTRALIA LIMITED) (Subject to Deed of Company Arrangement)

Third Respondent

 

AND:

ANSETT AUSTRALIA LIMITED (ACN 004 209 410)

(Subject to Deed of Company Arrangement)

First Cross-Claimant

MARK FRANCIS XAVIER MENTHA

(as Deed Administrator of ANSETT AUSTRALIA LIMITED) (Subject to Deed of Company Arrangement)

Second Cross-Claimant

MARK ANTHONY KORDA

(as Deed Administrator of ANSETT AUSTRALIA LIMITED) (Subject to Deed of Company Arrangement)

Third Cross-Claimant

 

 

AND:

ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN PTY LTD (ACN 065 590 178)

(as Trustee of the ANSETT AUSTRALIA GROUND STAFF SUPERANNUATION PLAN)

Cross-Respondent

 

 

JUDGE:

GOLDBERG J

 

DATE:

24 FEBRUARY 2004

 

PLACE:

MELBOURNE

 



 

CORRIGENDA


In the judgment of Justice Goldberg delivered 24 February 2004 please make the following amendments:

 

Paragraph 29, first sentence, first line:

Delete the words “leave to intervene” and insert the words “to appear” so as to read:

 

“… counsel sought to appear on behalf of the Australian Council of Trade Unions (“ACTU”) …”

 

Paragraph 29, second sentence, fourth line:

Delete the words “intervene was refused but” and insert the words “appear was not pursued when” so as to read:


“Leave to appear was not pursued when the affidavits of union officials, …”


Paragraph 29, second sentence, fifth line:

Delete the word “they” and replace with “the ACTU” so as to read:


“… which the ACTU wished to have placed before the Court …”


EMILY HOWIE

Associate to Goldberg J

15 March 2004