Park, in the matter of Collection House Limited (Subject to a Deed of Company Arrangement) [2022] FCA 1244

Federal Court of Australia

Park, in the matter of Collection House Limited (Subject to a Deed of Company Arrangement) [2022] FCA 1244 File number: QUD 246 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 19 October 2022

Date of publication of reasons: 24 October 2022

Catchwords: CORPORATIONS – application for leave to transfer existing shares in applicant Company pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth) – where Company subject to deed of company arrangement (DOCA) – where purpose of share transfer is to give effect to the completion of restructure of Company following external administration – where share transfer is a condition of the DOCA – whether share transfer would not unfairly prejudice the interests of members of the Company – Held: leave granted.

Legislation: Corporations Act 2001 (Cth) ss 444GA(1)(b), 435A Insolvency Practice Rules (Corporations) 2016 (Cth), s 75-225

Cases cited: Centennial Mining Ltd (Subject to Deed of Company Arrangement) [2019] WASC 441 Diverse Barrel Solutions Pty Ltd (Subject to a Deed of Company Arrangement) [2014] FCA 53 Re BCD Resources NL (Subject to Deed of Company Arrangement) [2018] NSWSC 1605 Re Mirabela Nickel Ltd (subject to deed of company arrangement) [2014] NSWSC 836 Re Paladin Energy Limited (Subject to Deed of Company Arrangement) [2018] NSWSC 11 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 9) (2020) 148 ACSR 648; [2020] FCA 1652 Tucker, in the matter of Black Oak Minerals Ltd (Subject to a Deed of Company Arrangement) (in liq) (2019) 134 ACSR 472; [2019] FCA 293 Weaver v Noble Resources Ltd (2010) 41 WAR 301; [2010] WASC 182