Federal Court of Australia
Federal Court of Australia
Duggan, in the matter of Conomi Group Pty Limited (Subject to Deed of Company Arrangement) [2023] FCA 998 File number(s): NSD 799 of 2023
Judgment of: HALLEY J
Date of judgment: 23 August 2023
Catchwords: CORPORATIONS – application for relief under s 447A of the Corporations Act 2001 (Cth) (Act) by deed administrator – where deed administrator seeks orders confirming that deed of company arrangement (DOCA) was not terminated and varying the DOCA to reflect events that occurred since it was executed – powers of the Court under s 447A of the Act – orders made substantially in the form sought by deed administrator
Legislation: Corporations Act 2001 (Cth) ss 436A, 439A, 445C, 447A Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-225
Cases cited: Australasian Memory Pty Limited v Brien (2000) 200 CLR 270; [2000] HCA 30 Farnsworth v ASIC [2007] NSWSC 866 In the matter of Derwent Howard Media Pty Limited [2011] NSWSC 1164 In the matter of Frenchy's Bread Pty Ltd [2015] NSWSC 2031 In the matter of Maria's Farm Veggies Pty Ltd (admins apptd) [2016] NSWSC 1899 In the matters of MROC Car Wholesalers Pty Ltd and ors [2017] NSWSC 287
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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