Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products Pty Ltd (Administrators Appointed) [2016] FCA 848

FEDERAL COURT OF AUSTRALIA

Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products Pty Ltd (Administrators Appointed) [2016] FCA 848 File number: NSD 410 of 2016

Judge: BURLEY J

Date of judgment: 28 July 2016

Catchwords: CORPORATIONS – application to set aside Deed of Company Arrangement under s 445D of the Corporations Act 2001 (Cth) – whether creditors will suffer prejudice if Deed of Company Arrangement set aside – whether dominant creditor can set aside a Deed of Company Arrangement if it will not prejudice the other creditors – whether administrators failed to consider claims for breach of duty against director – whether administrators failed to consider claims against related parties – whether discretion should be exercised in setting aside the Deed of Company Arrangement – public interest in investigating company's transactions in liquidation CORPORATIONS – application to set aside resolution of creditors under s 600B of the Corporations Act 2001 (Cth) – whether casting vote in favour of resolution was made conscientiously and by reference to all relevant considerations

Legislation: Conveyancing Act 1919 (NSW), s 37A Corporations Act 2001 (Cth), Pt 5.3A, ss 79, 181, 435A, 436E, 439A, 445D, 588FB, 588FC, 588FE, 600A, 600B Income Tax Assessment Act 1936 (Cth), Div 7A Corporations Regulations 2001 (Cth), 5.6.21 Corporate Law Reform Bill 1992 (Cth) Explanatory Memorandum, Corporate Law Reform Bill (Cth) 1992