Dickerson, in the matter of McWilliam's Wines Group Ltd (subject to Deed of Company Arrangement) (No 4) [2021] FCA 139

Federal Court of Australia

Dickerson, in the matter of McWilliam's Wines Group Ltd (subject to Deed of Company Arrangement) (No 4) [2021] FCA 139 File number(s): NSD 92 of 2020

Judgment of: FARRELL J

Date of judgment: 22 February 2021

Date of publication of reasons: 25 February 2021

Catchwords: CORPORATIONS – application to extend period in which a meeting of creditors may be adjourned – where companies had entered into deed of company arrangement – where deed proponent failed to make payments under the deed – where adjournment sought to give the applicants time to find a new deed proponent or purchaser of some or all of the companies' businesses – application granted

Legislation: Corporations Act 2001 (Cth) ss 435A, 447A Corporations Act 2001 (Cth) Sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth) s 75-140

Cases cited: Collective Olive Groves Limited, in the matter of Collective Olive Groves Limited; application by Reidy [2009] FCA 177 Dixon, in the matter of Pearson Contracting Pty Ltd as trustee for Pearson Family Trust (administrators appointed) [2020] FCA 1505 Eagle, in the matter of Techfront Australia Pty Ltd (administrators appointed) [2020] FCA 542 GDK Projects Pty Ltd, in the matter of Umberto Pty Ltd (in liq) v Umberto Pty Ltd (in liq) [2018] FCA 541 Georges, in the matter of Vical NSW Pty Ltd (administrators appointed) [2018] FCA 1974 Re Priceright Construction Pty Ltd [2006] NSWSC 324; (2006) 57 ASCR 206 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) [2020] FCA 571; (2020) 144 ACSR 310