Federal Court of Australia
Federal Court of Australia
Brooks, in the matter of Mezethes Salamanca Pty Ltd (Subject to Deed of Company Arrangement) v Mezethes Salamanca Pty Ltd [2021] FCA 378 File number(s): TAD 34 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 12 April 2021
Catchwords: CORPORATIONS – deed of company arrangement – proceeding commenced by deed administrator seeking termination of deed and appointment as liquidator – interlocutory application by respondent to vacate hearing of proceeding and convene meeting of creditors to consider offer of additional funding as alternative to liquidation – no prejudice to deed administrator or administration – application allowed
Legislation: Corporations Act 2001 (Cth) Pt 5.3A, ss 435A, 447A(1)
Division: General Division
Registry: Tasmania
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 21
Date of hearing: 12 April 2021
Solicitor for the Applicant: Ms P Sutherland of Paula Sutherland & Associates
Counsel for the Respondent: Mr J Hynes
Solicitor for the Respondent: Teneo Corporate Lawyers
ORDERS TAD 34 of 2020 IN THE MATTER OF MEZETHES SALAMANCA PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 114 062 510 BETWEEN: SHELLEY-MAREE BROOKS IN HER CAPACITY AS DEED ADMINISTRATOR OF MEZETHES SALAMANCA PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) Applicant
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