In the matter of Ansett Australia Limited and Mentha [2002] FCA 531

REASONS FOR JUDGMENT 1 The plaintiffs, who are the administrators of the companies in the Ansett group of companies set out in the Schedule to these reasons ("the Ansett group"), have applied pursuant to s 447A(1) and s 447D(1) of the Corporations Act 2001 (Cth) and the inherent jurisdiction of the Court for directions as to the allocation of the sum of $150m received by them pursuant to a Memorandum of Understanding dated 3 October 2001 ("the Memorandum"). 2 The parties to the Memorandum were the Ansett group, the plaintiffs, Hazelton Air Charter Pty Limited, Hazelton Air Services Pty Limited and Hazelton Airlines Limited (all administrator appointed) ("the Hazelton group"), the administrator of the companies in the Hazelton group, Air New Zealand Limited and its subsidiaries (other than the Ansett group and the Hazelton group) set out in Schedule B to the Memorandum ("the Air New Zealand group") and each party who was at any time since Air New Zealand Limited acquired ownership of the Ansett group a director or secretary of any company in the Air New Zealand group or the Ansett group as set out in Schedule C of the Memorandum. 3 The reason for the application was that a dispute had arisen between the administrator of the Hazelton group and the plaintiffs as to the respective entitlements of the Ansett group and the Hazelton group to the sum of $150m paid to the plaintiffs pursuant to the Memorandum. 4 For the reasons given in Humphris, in the matter of Hazelton Air Charter Pty Ltd v Mentha [2002] FCA 529, the application should be stood over for further hearing to enable the parties to present material and submissions on the issue of the extent, assessment and valuation of the claims which were given up by each of the Ansett group and the Hazelton group in exchange for an interest in the fund of $150m. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Goldberg.