Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cronin, in the matter of Cubbie Group Limited (Subject to Deed of Company Arrangement) v Cubbie Group Limited [2011] FCA 800 Citation: Cronin, in the matter of Cubbie Group Limited (Subject to Deed of Company Arrangement) v Cubbie Group Limited [2011] FCA 800
Parties: JOHN PATRICK CRONIN, WILLIAM JAMES HARRIS AND COLIN MCINTOSH NICOL AS DEED ADMINISTRATORS OF CUBBIE GROUP LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 116 808 694) AND THE COMPANIES LISTED IN THE SCHEDULE v CUBBIE GROUP LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 116 808 694) AND THE COMPANIES LISTED IN THE SCHEDULE
File number: QUD 135 of 2011
Judge: REEVES J
Date of reasons: 18 July 2011
Date of order: 14 June 2011
Catchwords: CORPORATIONS LAW – application to cure defects in notice of meeting of creditors pursuant to s 447A or s 1322(4)(a) of the Corporations Act (2001) Cth – consideration of the principles as to the exercise of the power under both sections – consideration of whether orders met the conditions in s 1322(6)(a) of the Act Held: Court had the power to cure the defects under both sections of the Act – orders remedying defects made
Legislation: Corporations Act 2001 (Cth) ss 445A, 445B, 445F, 447A, 1322, Pt 5.3A
Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270; [2000] HCA 30
Date of hearing: 14 June 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
Counsel for the Plaintiffs: Mr BD O'Donnell QC
Solicitor for the Plaintiffs: Allens Arthur Robinson
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