McDonald, in the matter of Pasdonnay Pty Limited (ACN 009 131 622) (Administrators Appointed) [2005] FCA 335

FEDERAL COURT OF AUSTRALIA

McDonald, in the matter of Pasdonnay Pty Limited (ACN 009 131 622) (Administrators Appointed) [2005] FCA 335

CORPORATIONS – administration – validity of appointment of administrators – purported implementation of appointment post death of sole director CORPORATIONS – administration – general power to make orders as to operation of Pt 5.3A – invalidly appointed administrators – locus of administrators – whether power to validate – whether power should be exercised in circumstances Corporations Act 2001 (Cth), ss 447A, 447C Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270, applied Deputy Commissioner of Taxation v Portinex Pty Ltd (2000) 156 FLR 453, (2000) 34 ACSR 391, referred to Panasystems Pty Ltd v Voodoo Tech Pty Ltd [2003] FCA 428; (2003) 21 ACLC 842, followed Re Wood Parsons Pty Limited (in liq) (2002) 43 ACSR 257, referred to Shirlaw v Graham [2001] NSWSC 612, referred to In the matter of Supreme Imports Pty Ltd (in liquidation); Re De Vries [2001] NSWSC 1209, referred to IN THE MATTER OF PASDONNAY PTY LIMITED (ACN 009 131 622) (Administrators Appointed) GEOFFREY DAVID MCDONALD AND KIMBERLY ANDREW STRICKLAND NSD 405 OF 2005 GYLES J 1 APRIL 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 405 OF 2005

IN THE MATTER OF PASDONNAY PTY LIMITED (ACN 009 131 622) (Administrators Appointed)

GEOFFREY DAVID MCDONALD AND KIMBERLY ANDREW STRICKLAND

PLAINTIFFS

JUDGE: GYLES J

DATE OF ORDER: 29 MARCH 2005

WHERE MADE: SYDNEY

Upon the solicitor for the plaintiffs undertaking to provide a copy of the reasons for judgment to be published to all members of the committee of creditors of the Company and to the Australian Securities and Investment Commission forthwith upon those reasons becoming available: