Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shepard, in the matter of Quest Minerals Limited v Mutual Holdings Pty Limited [2016] FCA 1559 File number: WAD 555 of 2016
Judge: MCKERRACHER J
Date of judgment: 21 December 2016
Catchwords: CORPORATIONS – voluntary administration – deed of company arrangement – application by deed administrator and trustee for leave to transfer shares in company under Corporations Act 2001 (Cth) s 444GA – whether transfer of shares would unfairly prejudice the interests of members of the company
Legislation: Corporations Act 2001 (Cth) ss 233, 444GA, 461(1)
Cases cited: Mutual Holdings Pty Ltd v Shepard [2015] WASC 412 Re BCD Resources (Operations) NL [2014] VSC 259 Re Lewis [2014] FCA 53 Re Nexus Energy Ltd [2014] NSWSC 1910 Weaver v Noble Resources Ltd (2010) 41 WAR 301
Date of hearing: 14 December 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 76
Counsel for the Plaintiffs: Mr JM Healy
Solicitor for the Plaintiffs: Mills Oakley Lawyers
Counsel for the Defendants: Mr MA MacLennan with Mr A Tharby
Solicitor for the Defendants: Bennett + Co
ORDERS WAD 555 of 2016 IN THE MATTER OF QUEST MINERALS LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 062 879 583
BETWEEN: ADAM SHEPARD IN HIS CAPACITY AS DEED ADMINISTRATOR OF QUEST MINERALS LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 062 879 583 First Plaintiff
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