Guerin v Rose Guerin and Partners Pty Ltd (in liq) (receivers and managers appointed), in the matter of Rose Geurin and Partners Pty Ltd (in liq) (receivers and managers appointed) [2023] FCA 816

Federal Court of Australia

Guerin v Rose Guerin and Partners Pty Ltd (in liq) (receivers and managers appointed), in the matter of Rose Geurin and Partners Pty Ltd (in liq) (receivers and managers appointed) [2023] FCA 816 File number(s): NSD 450 of 2023

Judgment of: HALLEY J

Date of judgment: 19 July 2023

Catchwords: INSOLVENCY – application by liquidator seeking leave to appoint himself as voluntary administrator under s 436B(2)(g) of the Corporations Act 2001 (Cth) (Act) – where liquidator also seeks ancillary orders including orders pursuant to s 447A of the Act modifying operation of Pt 5.3A of the Act to dispense with requirement under s 436E of the Act to hold a first creditors meeting and to convene the second meeting of creditors at any time during the convening period or within five business days after the end of the convening period – application granted – ancillary orders made

Legislation: Corporations Act 2001 (Cth) ss 436B, 436C, 436E, 439A, 447A, 448C, 530C, 596A, 596B Personal Properties Securities Act 2009 (Cth)

Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270; [2000] HCA 30 Australian Securities and Investments Commission v Diploma Group Limited (No 5) [2017] FCA 1147 Deputy Commissioner of Taxation (Cth) v Foodcorp Pty Ltd (1994) 13 ACSR 796 Hughes, in the matter of Vah Newco No. 2 Pty Ltd (in liq) [2020] FCA 1121 In the matter of Equiticorp Australia Ltd (in liq) and Ors [2020] NSWSC 143 In the matters of MROC Car Wholesalers Pty Ltd and ors [2017] NSWSC 287 Mansfield (liquidator), in the matter of NR Complex Pty Ltd (in liquidation) (receivers and managers appointed) [2023] FCA 614 Parkes Leagues Club Co-op Limited (In Liq) [2004] NSWSC 16 Re Cobar Mines Pty Ltd (In Liq) (1998) 30 ACSR 125 Re Keldane Pty Ltd (in liq) [2011] VSC 385 Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd [2021] FCA 483 Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd (No 2) [2021] FCA 547 Schwarz, in the matter of Gordon Smith Marketing Pty Ltd (Administrator Appointed) [2016] FCA 1378 Smith in the matter of Actively Zoned Pty Ltd (in liq) [2012] FCA 605 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717