Park (Deed Administrator), in the matter of Ellume Limited (Subject to Deed of Company Arrangement) [2023] FCA 374

Federal Court of Australia

Park (Deed Administrator), in the matter of Ellume Limited (Subject to Deed of Company Arrangement) [2023] FCA 374 File number(s): QUD 149 of 2023

Judgment of: DOWNES J

Date of judgment: 21 April 2023

Date of publication of reasons: 24 April 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – where deed administrators applied to abridge time for giving notice of a meeting of creditors to decide whether to amend deed of company arrangement – application granted

Legislation: Corporations Act 2001 (Cth) ss 445A, 600G, 1322(4)(d), Sch 2 (Insolvency Practice Schedule) Div 75, s 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-20

Cases cited: Park (Administrator), in the matter of Ellume Limited (Administrators Appointed) v Evangayle Pty Ltd (Trustee) [2022] FCA 1102

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 18

Date of hearing: 21 April 2023

Counsel for the Applicants: Ms C Conway

Solicitor for the Applicants: Mills Oakley

Table of Corrections

6 June 2023 In paragraph 9, "conveyed in accordance with Div 75" has been replaced with "convened in accordance with Div 75".

ORDERS QUD 149 of 2023 IN THE MATTER OF ELLUME LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) JOHN RICHARD PARK AND JOANNE EMILY DUNN IN THEIR CAPACITIES AS JOINT AND SEVERAL DEED ADMINISTRATORS OF ELLUME LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) First Applicant