I & J Foods Ltd v I & J Food Ltd [1995] FCA 534

CATCHWORDS CORPORATIONS - management and administration - external administration - voluntary administration - resolution of creditors that company enter into a deed of company arrangement - dispute as to validity of resolution - whether resolution should be set aside and fresh meeting authorised - discretion conferred on the court by s 447A. Corporations Law ss 439A and 447A Brash Holdings Ltd (admin apptd) v Katile Pty Ltd (1994) 13 ACSR 504 Cawthorn v Keira Constructions Pty Ltd (1994) 33 NSWLR 607 Re Brashs Pty Ltd (1994) 15 ACSR 477 Aloridge Pty Ltd (prov liq apptd) v Christianos (1994) 13 ACSR 99 Milankov Nominees Pty Ltd v Roycol Ltd (1994) 14 ACSR 296 In the Matter of Double V Marketing Pty Limited (In admin) (an unreported decision delivered 24 March 1995 ASC v Marlborough Gold Mines Ltd (1993) 177 CLR 485 No SG 3095 of 1995 IN THE MATTER of GIGA INVESTMENTS PTY LTD (ADMINISTRATOR APPOINTED) ACN 007 924 665 BETWEEN: I & J FOODS LIMITED Applicant IN THE MATTER of an application by I & J FOODS LIMITED Branson J Adelaide 30 June 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No. SG 3095 of 1995 ) GENERAL DIVISION ) IN THE MATTER of GIGA INVESTMENTS PTY LTD (ADMINISTRATOR APPOINTED) ACN 007 924 665 BETWEEN: I & J FOODS LIMITED Applicant IN THE MATTER of an application by I & J FOODS LIMITED REASONS FOR JUDGMENT CORAM: Branson J PLACE: Adelaide DATE: 30 June 1995 In this matter the applicant seeks the making of certain orders concerning the administration pursuant to Part 5.3A of the Corporations Law of GIGA Investments Pty Ltd (administrator appointed) ("GIGA"). It seeks to have set aside a resolution of creditors of GIGA that the company execute a deed of company arrangement, and, in effect, have the issue of whether the company should execute a deed of company arrangement recommitted to the creditors for their further consideration. The applicant contends that the source of my power to make such orders is s447A of the Corporations Law. Section 447A is in the following terms:-