Federal Court of Australia
13/02 2001 TUE 07:47 FAX S61 8 82U54426 SAVDK LISKAKY Wuvaes yur
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FEDERAL COURT OF AUSTRALIA
Matter No SG 3184 of 1995
By O'LOUGALIN J
MULVANEY v WINTULICH
ADELAIDE, 29 SEPTEMBER 1995
HIS HONOUR: I have before me an urgent application in the matter of Wintulich Pty Limited which I will herein after refer to as, "the company." I order that the time for service of the application be abridged. The substantive orders sought in the application is that each of the respondents, being Rob Winmlich Pty Limited, Trebor Pry Limited, Prank Waltcr Wintulich and the Estate of Thelma Lillian Wintulich, do and be commanded to carry out their obligations pursuant to the terms of the deed
company arrangement referred to in the affidavit of Bruce Neil Mulvaney
_sworm the 27th day of September 1995.
I tum to the affidavit of Mr Mulvaney in which he states that he is a
chartered accountant and that on 4 July 1995 the directors of the company
' appointed him as administrator to its affairs pursuant to part 5.3(a) of the
Corporations Law. The report of the directors showed an estimated deficiency of $400,000. Meetings of creditors as required part 5.3(a) of the Corporations Law have been held and at that second mecting a draft deed of company arrangement was presented to the creditors. It will be uccessary for me shortly to refer to the specific term of the deed of
company arrangement. For the moment I will continue, however, to
outline the results of the meeting.
mulwin] 29.9.95
13-FEB-2001 09:28 FROM-61 8 82054426 TO-FEDERAL COURT AUST P PAGE 002
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dvi Va AVL SUR VI ae PAA OL 9 SSNS 4H4 40 DAVE LADnAnL
A resolution was moved and seconded and accepted by the sufficient majority of the creditors that the company execute a deed of company arrangement the terms of which are to reflect the intent of the draft deed of company arrangement tabled at this meeting. One of the terms of the deed of company arrangement, clause 3(b)(D is central to and indeed the cause of the application before the court. Shortly stated it requires all of the
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