Federal Court of Australia
Federal Court of Australia
Hutton, in the matter of Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48 File number: VID 50 of 2023
Judgment of: ANDERSON J
Date of judgment: 2 February 2023
Catchwords: CORPORATIONS – urgent application – originating process seeking an order pursuant to s 447A of the Corporations Act 2001 (Cth) (Act) that Part 5.3A is to apply to the second plaintiff as though the appointment of the first plaintiffs as voluntary administrators on 26 January 2023 was valid – where evidence suggests the second plaintiff is likely insolvent – where contrary to s 201A(1) of the Act, the Company's sole director did not ordinarily reside in Australia at the time Company resolutions appointing the administrators were passed – where the Company's sole director purported to resign as a director shortly before Company resolutions were passed – where the application is granted
Legislation: Corporations Act 2001 (Cth)
Cases cited: Australian Memory Pty Ltd v Brien (2000) 200 CLR 270 Billingsley v Napoli, in the matter of Biometric Identity Systems Pty Ltd (Administrators Appointed) [2019] FCA 1640; 139 ACSR 213 Dolores Correa and The Spanish Club Limited (subject to Deed of Company Arrangement) v Whittingham (No 3) [2012] NSWSC 526 Re Condor Blanco Mines Ltd [2016] NSWSC 1196 Re Continental Pacific Ltd [2002] NSWSC 789 Re Creative Memories Australia Pty Ltd (Administrators Appointed) [2013] NSWSC 652 Re Darin (As Administrators of Palamedia Ltd) [2010] NSWSC 451; Re Ethan Minerals Ltd (Administrators Appointed) [2011] NSWSC 899 Re DH International Pty Ltd (Administrators Appointed) [2013] NSWSC 1120; 95 ACSR 578 Re Foodora Australia Pty Ltd (Administrators Appointed) [2018] NSWSC 1426 Re Gulf Energy Ltd [2019] NSWSC 1637 Re HPI Australia Pty Ltd [2008] NSWSC 1106 Re Jack James as Administrator of ZYL Ltd [2015] WASC 57 Re Maria's Farm Veggies Pty Ltd (Administrators Appointed) [2016] NSWSC 1899 Re Milgerd Nominees Pty Ltd (Administrators Appointed) [2019] NSWSC 311 Re Pasdonnay Pty Ltd (2005) 53 ACSR 717 Smolarek v McMaster [2006] WASCA 216
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