Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fitzgerald, in the matter of Advance Healthcare Group Ltd (Administrators Appointed) [2008] FCA 1604
CORPORATIONS – administration – deed of company arrangement – employee creditors not given priority – employee creditors fail to approve deed – circumstances in which court will approve deed
Corporations Act 2001 (Cth), ss 444DA, 445D, 555, 556, Pt 5.3A Corporations Amendment (Insolvency) Act 2007 (Cth) Corporations Amendment (Insolvency) Bill 2007 (Cth) Corporations Regulations 2001 (Cth), Sch 8A
Commonwealth of Australia v Rocklea Spinning Mills Pty Ltd (Receivers and Managers Appointed) (Subject to a Deed of Company Arrangement) (2005) 145 FCR 220Expile Pty Ltd v Jabb's Excavations Pty Ltd (2004) 22 ACLC 667 Lam Soon Australia Pty Ltd (Administrator Appointed) v Molit (No 55) Pty Ltd (1996) 70 FCR 34 Re Ansett Australia Ltd (No 1) (2002) 115 FCR 376
Explanatory Memorandum to the Corporations Amendment (Insolvency) Bill 2007 (Cth) Parliamentary Joint Committee on Corporations and Financial Services, Corporate Insolvency Laws: A Stocktake (Canberra, 2004) IN THE MATTER OF ADVANCE HEALTHCARE GROUP LTD (ADMINISTRATORS APPOINTED) LAURENCE ANDREW FITZGERALD (ADMINISTRATOR), STEPHEN ROBERT DIXON (ADMINISTRATOR) and GEOFFREY TRENT HANCOCK (ADMINISTRATOR)
VID 555 of 2008
FINKELSTEIN J
28 OCTOBER 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 555 of 2008
IN THE MATTER OF ADVANCE HEALTHCARE GROUP LTD (ADMINISTRATORS APPOINTED) LAURENCE ANDREW FITZGERALD (ADMINISTRATOR),
STEPHEN ROBERT DIXON (ADMINISTRATOR) and
GEOFFREY TRENT HANCOCK (ADMINISTRATOR)
Plaintiffs
JUDGE: FINKELSTEIN J DATE OF ORDER: 22 JULY 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. In relation to Advance Healthcare Group Ltd (Administrators Appointed) the non-inclusion in a deed of company arrangement of a provision to the effect of that specified in s 444DA(1) of the Corporations Act 2001 (Cth) ("the Act") is approved. 2. In relation to each of Advance Healthcare Group Ltd (Administrators Appointed) and Pharmeasy Pty Ltd (Administrators Appointed), pursuant to s 444B(2)(b) of the Act, the period within which they must each execute a deed of company arrangement is extended from 21 July 2008 to 6 August 2008 and direct that the deeds of company arrangement not be executed before 9.00 am on 6 August 2008. 3. A copy of this order be forthwith served upon each of the following persons: (a) Mr James Law; (b) Mr Kenneth Atkinson; and (c) Ms Rebecca McGinn. 4. Reserve liberty to each of the persons referred to in order 3 above to apply to set aside these orders, any such application to be made returnable before 5 August 2008 and on reasonable notice to the Plaintiffs. 5. Liberty to apply generally.
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