Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forth v R Developments Pty Ltd [2019] FCA 1004 File number: ACD 89 of 2018
Judge: JAGOT J
Date of judgment: 2 July 2019
Catchwords: CORPORATIONS – whether a deed of company arrangement should be declared void or terminated –whether the deed is prejudicial to the creditors – whether the deed failed to meet requirements of Pt 5.3A of the Corporations Act 2001 (Cth) – whether the deed can be terminated on grounds of an omission or effect of the deed resulting in an injustice – application dismissed with costs.
Legislation: Corporations Act 2001 (Cth) ss 415A, 415A(1), 415A(3)(a), 444A(4), 445D(1)(c), 445D(1)(e), 445D(1)(g), 445FA, 445G, 445G(4), 455FA Insolvency Practice Rules (Corporations) 2016 (Cth)
Cases cited: In the Matter of Recycling Holdings Pty Limited [2015] NSWSC 1016 Mediterranean Olives Financial Pty Ltd v Loaders Traders Pty Ltd (Subject to Deed of Company Arrangement) (No 2) [2011] FCA 178
Date of hearing: 4 June 2019
Date of last submissions: 31 May 2019
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicant: Mr D Robens
Solicitor for the Applicant: Kamy Saeedi Law
Counsel for the Respondent: Ms A Hogan (for R Developments) Mr Bucklands (for Director, David Rosa)
Solicitor for the Respondent: Namadgi Legal (for R Developments) Moray & Agnew Lawyers (for Director, David Rosa)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate