Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Strawbridge, in the matter of Retail Adventures Pty Ltd (Administrators Appointed) v Retail Adventures Pty Ltd (Administrators Appointed) [2013] FCA 891 Citation: Strawbridge, in the matter of Retail Adventures Pty Ltd (Administrators Appointed) v Retail Adventures Pty Ltd (Administrators Appointed) [2013] FCA 891
Parties: VAUGHAN NEIL STRAWBRIDGE, JOHN LETHBRIDGE GREIG and DAVID JOHN FRANK LOMBE, EACH IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF RETAIL ADVENTURES PTY LIMITED v RETAIL ADVENTURES PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 135 890 845 VAUGHAN NEIL STRAWBRIDGE, JOHN LETHBRIDGE GREIG and DAVID JOHN FRANK LOMBE, EACH IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF RETAIL ADVENTURES HOLDINGS PTY LIMITED v RETAIL ADVENTURES HOLDINGS PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 136 178 839
File numbers: NSD 1681 of 2012 NSD 1872 of 2012
Judge: JACOBSON J
Date of judgment: 2 September 2013
Catchwords: CORPORATIONS – application by administrators of related parent and subsidiary companies for directions under s 447D Corporations Act 2001 (Cth) – where guarantee given by parent company under certain leases did not allow it to "prove in competition with" the landlord in the administration of the subsidiary company – where parent company had submitted proofs of debt for the purposes of voting at creditors meeting of subsidiary – whether administrators justified in withdrawing proofs of debt submitted by parent company
Legislation: Corporations Act 2001 (Cth), ss 447A, 447D Corporations Regulations 2001 (Cth), reg 5.6.23
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