Gunns

Gunns

Previous Supreme Court application – SCI 2012 5485

This proceeding was commenced by the administrators of the Gunns Group to seek various orders in respect of the administration of the Gunns Group.


Costs Application


On 21 May 2013, the liquidators (former administrators) filed an application seeking a direction that, among other things, they are justified in claiming an entitlement to an indemnity for the Scheme Related Costs incurred during the Period of Administration, and an equitable lien over the Scheme Property to secure that indemnity in accordance with the principles in Re Universal Distributing Co Ltd (in liq) (1993) 48 CLR 171 and/or the 'salvage principle' (Lien).

They also sought, among other things, an extension of paragraph 10 of the Orders of the Honourable Justice Robson dated 19 December 2012, in the form of a direction that they are justified in carrying out their duties as liquidators of Gunns Plantations Limited (in liquidation) (receivers and managers appointed) (GPL) on the basis that, if they incur reasonable expenditure in the care, protection, preservation and/or realisation of the Scheme Property, they will be entitled to an indemnity for that expenditure and reasonable remuneration out of the Scheme Property and a Lien to secure that indemnity.

The Costs Application was heard by Justice Ferguson on 9 September 2013 and the orders sought were granted. The orders approving the Scheme Related Costs are subject to a short objection process. A copy of those orders is available below. Her Honour advised that written reasons would be delivered later.

Some of the exhibits in respect of the Costs Application are voluminous. If you would like a copy of any of the exhibits not available on the website, please contact us.
 

Documents filed in the Supreme Court of Victoria, proceeding SCI 2012 5485
27 Sep 12 Originating Process (143Kb)
27 Sep 12 First Affidavit of Daniel Mathew Bryant and exhibits 1 to 3 (5.9Mb)
27 Sep 12 Court Order (1.3Mb)
27 Sep 12 Amended Originating Process (225Kb)
2 Oct 12 First letter to creditors (including notice of meeting) (3.6Mb)
2 Oct 12 Further Amended Originating Process (299Kb)
2 Oct 12 Interlocutory Process (266Kb)
2 Oct 12 Second Affidavit of Daniel Mathew Bryant and exhibits 4 to 7 (23.4Mb)
2 Oct 12 Order (279Kb)
19 Oct 12 Interlocutory Process (274Kb)
22 Oct 12 Third Affidavit of Daniel Mathew Bryant and exhibits 8 to 14 (5.4Mb)
22 Oct 12 Administrators' Outline of Submission in relation to second creditors' meeting (143Kb)
22 Oct 12 General Form of Order (373Kb)
25 Oct 12 Minutes of first creditors' meeting held on 10 October 2012 (2Mb)
26 Nov 12 Interlocutory process filed by the Administrators (414Kb)
26 Nov 12 Fourth Affidavit of Daniel Mathew Bryant (2.5Mb)
26 Nov 12 Exhibit 15 for Fourth Affidavit of Daniel Mathew Bryant (782Kb)
26 Nov 12 Exhibit 16 for Fourth Affidavit of Daniel Mathew Bryant (520Kb)
26 Nov 12 Exhibit 17 for Fourth Affidavit of Daniel Mathew Bryant (8.3Mb)
26 Nov 12 Exhibit 18 for Fourth Affidavit of Daniel Mathew Bryant (3.8Mb)
26 Nov 12 Exhibit 19 for Fourth Affidavit of Daniel Mathew Bryant (872Kb)
26 Nov 12 Exhibit 20 for Fourth Affidavit of Daniel Mathew Bryant (1.3Mb)
26 Nov 12 Exhibit 21 for Fourth Affidavit of Daniel Mathew Bryant (7.4Mb)
26 Nov 12 Exhibit 22 for Fourth Affidavit of Daniel Mathew Bryant (13.5Mb)
26 Nov 12 Exhibit 23 for Fourth Affidavit of Daniel Mathew Bryant – CONFIDENTIAL (193Kb)
26 Nov 12 Exhibit 24 for Fourth Affidavit of Daniel Mathew Bryant – CONFIDENTIAL (193Kb)
26 Nov 12 Exhibit 25 for Fourth Affidavit of Daniel Mathew Bryant (1.9Mb)
26 Nov 12 Exhibit 26 for Fourth Affidavit of Daniel Mathew Bryant (2.0Mb)
26 Nov 12 Exhibit 27 for Fourth Affidavit of Daniel Mathew Bryant (5.7Mb)
26 Nov 12 Exhibit 28 for Fourth Affidavit of Daniel Mathew Bryant (139Kb)
26 Nov 12 Exhibit 29 for Fourth Affidavit of Daniel Mathew Bryant (414Kb)
26 Nov 12 Exhibit 30 for Fourth Affidavit of Daniel Mathew Bryant (3.6Mb)
26 Nov 12 Exhibit 31 for Fourth Affidavit of Daniel Mathew Bryant (516Kb)
26 Nov 12 Exhibit 32 for Fourth Affidavit of Daniel Mathew Bryant (135Kb)
26 Nov 12 Exhibit 33 for Fourth Affidavit of Daniel Mathew Bryant (135Kb)
26 Nov 12 Exhibit 34 for Fourth Affidavit of Daniel Mathew Bryant (3.6MKb)
26 Nov 12 Exhibit 35 for Fourth Affidavit of Daniel Mathew Bryant (123Kb)
26 Nov 12 Exhibit 36 for Fourth Affidavit of Daniel Mathew Bryant (131Kb)
26 Nov 12 Exhibit 37 for Fourth Affidavit of Daniel Mathew Bryant (1.4Mb)
26 Nov 12 Exhibit 38 for Fourth Affidavit of Daniel Mathew Bryant (594Kb)
26 Nov 12 Exhibit 39 for Fourth Affidavit of Daniel Mathew Bryant (811Kb)
26 Nov 12 Exhibit 40 for Fourth Affidavit of Daniel Mathew Bryant (877Kb)
26 Nov 12 Exhibit 41 for Fourth Affidavit of Daniel Mathew Bryant (4.8Mb)
26 Nov 12 Exhibit 42 for Fourth Affidavit of Daniel Mathew Bryant (664Kb)
26 Nov 12 Exhibit 43 for Fourth Affidavit of Daniel Mathew Bryant (590Kb)
28 Nov 12 Affidavit of Peter McKenzie Anderson (1.8Mb)
28 Nov 12 Exhibit 1 for Affidavit of Peter McKenzie Anderson (1.5Mb)
28 Nov 12 Exhibit 2 for Affidavit of Peter McKenzie Anderson (2.3Mb)
28 Nov 12 Exhibit 3 for Affidavit of Peter McKenzie Anderson (414Kb)
28 Nov 12 Exhibit 4 for Affidavit of Peter McKenzie Anderson (4.5Mb)
28 Nov 12 Exhibit 5 for Affidavit of Peter McKenzie Anderson (262Kb)
28 Nov 12 Exhibit 6 for Affidavit of Peter McKenzie Anderson (311Kb)
28 Nov 12 Exhibit 7 for Affidavit of Peter McKenzie Anderson (225Kb)
28 Nov 12 Exhibit 8 for Affidavit of Peter McKenzie Anderson (1.7Mb)
28 Nov 12 Exhibit 9 for Affidavit of Peter McKenzie Anderson (319Kb)
28 Nov 12 Exhibit 10 for Affidavit of Peter McKenzie Anderson (287Kb)
28 Nov 12 Amended Interlocutory Process filed on behalf of Australian Executor Trustees Limited as trustees for the AFP Trusts (2.0Mb)
28 Nov 12 Plaintiff's Outline of Submissions in relation to their Interlocutory Process filed on 26 November and for hearing on 29 November (598Kb)
28 Nov 12 Fifth Affidavit of Daniel Mathew Bryant (659Kb)
28 Nov 12 Exhibits 44 to 49 for Fifth Affidavit of Daniel Mathew Bryant (2.7Mb)
29 Nov 12 Affidavit of Vicki Elizabeth Bell and exhibit 1 (2.6Mb)
29 Nov 12 Order by The Honourable Justice Robson (2.8Mb)
29 Nov 12 Outline of Submissions of AFPT and AFPT2 (82Kb)
5 Dec 12 Affidavit of Duncan James McCulloch and exhibits 1 to 4 (2.1Mb)
6 Dec 12 Second Affidavit of Peter McKenzie Anderson (4.3Mb)
6 Dec 12 Exhibits 11 to 13 for Second Affidavit of Peter McKenzie Anderson (3.1Mb)
7 Dec 12 Sixth Affidavit of Daniel Mathew Bryant (3.8Mb)
7 Dec 12 Exhibit 50 for Sixth Affidavit of Daniel Mathew Bryant (11.9Mb)
7 Dec 12 Exhibit 51 for Sixth Affidavit of Daniel Mathew Bryant (8.5Mb)
7 Dec 12 Exhibit 52 for Sixth Affidavit of Daniel Mathew Bryant (2.2Mb)
7 Dec 12 Exhibit 53 for Sixth Affidavit of Daniel Mathew Bryant (2.9Mb)
7 Dec 12 Exhibit 54 for Sixth Affidavit of Daniel Mathew Bryant (1.7Mb)
7 Dec 12 Exhibit 55 for Sixth Affidavit of Daniel Mathew Bryant (643Kb)
7 Dec 12 Exhibit 56 for Sixth Affidavit of Daniel Mathew Bryant (569Kb)
7 Dec 12 Exhibit 57 for Sixth Affidavit of Daniel Mathew Bryant (11.1Mb)
7 Dec 12 Exhibit 58 for Sixth Affidavit of Daniel Mathew Bryant (16.5Mb)
7 Dec 12 Exhibit 59 for Sixth Affidavit of Daniel Mathew Bryant – NOT AVAILABLE
7 Dec 12 Exhibit 60 for Sixth Affidavit of Daniel Mathew Bryant (119Kb)
7 Dec 12 Supplementary Submissions for AFPT and AFPT2 (418Kb)
8 Dec 12 Plaintiffs' Outline of Submissions in relation to the section 440B applications (131Kb)
12 Dec 12 Affidavit of Justin Taede Vaatstra and exhibit 1 (13.6Mb)
17 Dec 12 ASX Announcement – Extension of time to hold 2012 Annual General Meeting (172Kb)
19 Dec 12 Order by the Honourable Justice Robson (3.2Mb)
23 Jan 13 Seventh Affidavit of Daniel Mathew Bryant (1.5Mb)
23 Jan 13 Exhibit 61 for Seventh Affidavit of Daniel Mathew Bryant (188Kb)
23 Jan 13 Exhibit 62 for Seventh Affidavit of Daniel Mathew Bryant (471Kb)
23 Jan 13 Exhibit 63 for Seventh Affidavit of Daniel Mathew Bryant (545Kb)
23 Jan 13 Exhibit 64 for Seventh Affidavit of Daniel Mathew Bryant (123Kb)
23 Jan 13 Exhibit 65 for Seventh Affidavit of Daniel Mathew Bryant (377Kb)
23 Jan 13 Exhibit 66 for Seventh Affidavit of Daniel Mathew Bryant (356Kb)
23 Jan 13 Exhibit 67 for Seventh Affidavit of Daniel Mathew Bryant (283Kb)
23 Jan 13 Exhibit 68 for Seventh Affidavit of Daniel Mathew Bryant (713Kb)
24 Jan 13 Interlocutory Process (303Kb)
29 Jan 13 Outline of Submissions (598Kb)
29 Jan 13 Administrators' Outline of Submissions in Relation to Further Extension of Convening Period (508Kb)
29 Jan 13 Eighth Affidavit of Daniel Mathew Bryant and exhibits 69 to 72 (4.1Mb)
29 Jan 13 Affidavit of Ross Whyte McClymont and exhibits 1to 5 (1.3Mb)
31 Jan 13 Order by the Honourable Associate Justice Gardiner (1.5Mb)
21 May 13 Interlocutory Process (287Kb)
21 May 13 First Affidavit of Craig David Crosbie (1.6Mb)
21 May 13 Exhibit 1 for Affidavit of Craig David Crosbie (324Kb)
21 May 13 Exhibit 2 for Affidavit of Craig David Crosbie (369Kb)
21 May 13 Exhibit 3 for Affidavit of Craig David Crosbie (369Kb)
21 May 13 Exhibit 4 for Affidavit of Craig David Crosbie (352Kb)
21 May 13 Exhibit 5 for Affidavit of Craig David Crosbie (520Kb)
21 May 13 Exhibit 6 for Affidavit of Craig David Crosbie (90Kb)
21 May 13 Exhibit 7 for Affidavit of Craig David Crosbie – CONFIDENTIAL (188Kb)
21 May 13 Exhibit 8 for Affidavit of Craig David Crosbie (94Kb)
21 May 13 Exhibit 9 for Affidavit of Craig David Crosbie (455Kb)
21 May 13 Exhibit 10 for Affidavit of Craig David Crosbie (139Kb)
21 May 13 Exhibit 11 for Affidavit of Craig David Crosbie (881Kb)
21 May 13 Exhibit 12 for Affidavit of Craig David Crosbie (106Kb)
21 May 13 Exhibit 13 for Affidavit of Craig David Crosbie (119Kb)
21 May 13 Exhibit 14 for Affidavit of Craig David Crosbie (143Kb)
21 May 13 Exhibit 15 for Affidavit of Craig David Crosbie – CONFIDENTIAL (152Kb)
21 May 13 Exhibit 16 for Affidavit of Craig David Crosbie (90Kb)
21 May 13 Exhibit 17 for Affidavit of Craig David Crosbie – CONFIDENTIAL (176Kb)
29 May 13 Notice of Appearance (639Kb)
30 May 13 First Affidavit of Andrew John Saker (82Kb)
31 May 13 Order by the Honourable Justice Robson (291Kb)
6 Jun 13 Second Affidavit of Craig David Crosbie (733Kb)
17 Jun 13 Minutes of Plaintiff's Proposed Orders (168Kb)
19 Jun 13 Order by the Honourable Justice Robson (242Kb)
28 Jun 13 Plaintiff's Proposed Orders and Amended Interlocutory Process (3.9Mb)
28 Jun 13 Order by the Honourable Justice Robson (475Kb)
8 Jul 13 Amended Interlocutory Process (385Kb)
19 Jul 13 Second Affidavit of Andrew John Saker (639Kb)
2 Aug 13 First Affidavit of Jane Chalmers Sheridan (414Kb)
2 Aug 13 Exhibit 1 for Affidavit of Jane Chalmers Sheridan (217Kb)
2 Aug 13 Exhibit 2 for Affidavit of Jane Chalmers Sheridan (180Kb)
2 Aug 13 Exhibit 3 for Affidavit of Jane Chalmers Sheridan (94Kb)
2 Aug 13 Exhibit 4 for Affidavit of Jane Chalmers Sheridan (111Kb)
2 Aug 13 Exhibit 5 for Affidavit of Jane Chalmers Sheridan (197Kb)
2 Aug 13 Exhibit 6 for Affidavit of Jane Chalmers Sheridan (381Kb)
2 Aug 13 Exhibit 7 for Affidavit of Jane Chalmers Sheridan (111Kb)
2 Aug 13 Exhibit 8 for Affidavit of Jane Chalmers Sheridan (266Kb)
2 Aug 13 Exhibit 9 for Affidavit of Jane Chalmers Sheridan (102Kb)
2 Aug 13 Exhibit 10 for Affidavit of Jane Chalmers Sheridan (131Kb)
2 Aug 13 Exhibit 11 for Affidavit of Jane Chalmers Sheridan (131Kb)
2 Aug 13 Exhibit 12 for Affidavit of Jane Chalmers Sheridan (98Kb)
2 Aug 13 First Affidavit of Peta Anne Gartner (156Kb)
2 Aug 13 Exhibit 1 for Affidavit of Peta Anne Gartner (147Kb)
2 Aug 13 Exhibit 2 for Affidavit of Peta Anne Gartner (139Kb)
2 Aug 13 Exhibit 3 for Affidavit of Peta Anne Gartner (303Kb)
5 Aug 13 Plaintiffs' Outline of Submissions in relation to Amended Interlocutory Process filed on 8 Jul 2013 (1.0Mb)
13 Aug 13 Third Affidavit of Craig David Crosbie (1.6Mb)
13 Aug 13 Exhibit 18 for Affidavit of Craig David Crosbie (836Kb)
13 Aug 13 Exhibit 19 for Affidavit of Craig David Crosbie (4.7Mb)
13 Aug 13 Exhibit 20 for Affidavit of Craig David Crosbie (647Kb)
13 Aug 13 Exhibit 21 for Affidavit of Craig David Crosbie (586Kb)
13 Aug 13 Exhibit 22 for Affidavit of Craig David Crosbie (2.1Mb)
13 Aug 13 Exhibit 23 for Affidavit of Craig David Crosbie (2.2Mb)
13 Aug 13 Exhibit 24 for Affidavit of Craig David Crosbie (2.7Mb)
21 Aug 13 Fourth Affidavit of Craig David Crosbie (102Kb)
3 Sep 13 Third Affidavit of Andrew John Saker and Exhibits 9 to 14 (4.8Mb)
4 Sep 13 Great Southern Plantation Holdings' Outline of Submissions (274Kb)
9 Sep 13 Order by the Honourable Justice Ferguson (4.5Mb)
31 Oct 13 Judgment by the Honourable Justice Ferguson (1.2Mb)