Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No 2) [2018] FCA 1003 File number: SAD 12 of 2018
Judge: BESANKO J
Date of judgment: 3 July 2018
Catchwords: CORPORATIONS – application by deed administrators for an order that a Deed of Company Arrangement (DOCA) be varied under s 447A of the Corporations Act 2001 (Cth) – consideration of s 447A of the Corporations Act – consideration of factors to be taken into account when making a variation to a DOCA under s 447A(1) of the Corporations Act – whether proposed variation to the DOCA is in the interests of creditors – where not necessary to return the DOCA to creditors for consideration under s 445A of the Corporations Act PRACTICE AND PROCEDURE – application for an order to the effect that the proceeding proceed on pleadings – where proceeding commenced by an Originating process and affidavits filed in support of the relief claimed – where relief includes relief under the Corporations Act – operation of r 2.4 of the Federal Court (Corporations) Rules 2000 (Cth) – consideration of the purposes of pleadings – whether a Points of Claim constitutes a pleading – proper case management and the need for clear identification of issues – application granted
Legislation: Corporations Act 2001 (Cth) ss 435A, 445A, 445C, 445D, 447A Federal Court Rules 2011 (Cth) rr 1.32, 8.05 Federal Court (Corporations) Rules 2000 (Cth) rr 1.3, 1.8, 2.4, 14.1
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