Federal Court of Australia
Federal Court of Australia
Colwell (Deed Administrator), in the matter of Wealth Mining Pty Ltd (Subject to Deed of Company Arrangement) v Wealth Resources Pty Ltd [2021] FCA 857 File number: QUD 185 of 2021
Judgment of: DERRINGTON J
Date of judgment: 27 July 2021
Catchwords: CORPORATIONS – deed of company arrangement – application for leave to transfer shares pursuant to s 444GA of Corporations Act 2001 (Cth) – interlocutory application under s 447A to modify s 444GA to permit secured creditor to make application for leave on behalf of Deed Administrators – interlocutory application allowed
Legislation: Corporations Act 2001 (Cth) ss 435A, 444GA, 447A Federal Court of Australia Rules 2011 (Cth) r 5.04
Cases cited: Australasian Memory Pty Ltd v Brien (1998) 45 NSWLR 111 Cawthorn v Keira Constructions Pty Ltd (1994) 33 NSWLR 607 Commonwealth Bank of Australia v Fernandez (2010) 81 ACSR 262 Honest Remark Pty Ltd v Allstate Explorations NL (2006) 234 ALR 765 Re THO Services Ltd [2016] NSWSC 509 Re Tucker, Black Oak Minerals Ltd (Subject to a Deed of Co Arrangement) (In Liq) (2019) 134 ACSR 472 Snowside Pty Ltd (as trustee for the Snowside Trust) v Boart Longyear Ltd (2017) 122 ACSR 291
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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