Brooks, in the matter of 351 Property Management & Maintenance Pty Ltd (in liq) [2023] FCA 1426

Federal Court of Australia

Brooks, in the matter of 351 Property Management & Maintenance Pty Ltd (in liq) [2023] FCA 1426 File number(s): TAD 31 of 2023

Judgment of: O'BRYAN J

Date of judgment: 15 November 2023

Date of publication of reasons: 17 November 2023

Catchwords: CORPORATIONS – application by liquidator seeking leave to be appointed as voluntary administrator pursuant to s 436B(2)(g) of the Corporations Act 2001 (Cth) (Act) and ancillary orders including a stay of the winding up of the company under s 482(1) of the Act – purpose of application to place the company into voluntary administration, to convene meeting of creditors to consider a further proposed deed of company arrangement, and to facilitate efficient conduct of the administration – application granted

Legislation: Corporations Act 2001 (Cth), Pt 5.3A, ss 436A, 436B, 436E, 438B(2), 439A, 439C, 444A, 445E, 446A, 447A, 482, Pt 5.7B, Sch 2, s 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth), r 75-225

Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 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 Deputy Commissioner of Taxation v Advant Pty Ltd (admins apptd) [2017] FCA 1123 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) [2020] NSWSC 143 In the matter of Keldane Pty Limited (in liq) [2011] VSC 385 In the matter of MF Global Australia Ltd (in liq) [2012] NSWSC 994; 267 FLR 27 In the matter of Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 Korda, in the matter of Ansett Australia (No 3) (2002) 115 FCR 409 Kukulovski, in the matter of Corrimal Leagues Club Ltd (in liq) [2013] FCA 697 Mansfield (liquidator), in the matter of NR Complex Pty Ltd (in liq) (recs and mgrs apptd) [2023] FCA 614 Ngan, in the matter of JKB Constructions Pty Ltd [2006] NSWSC 1040 Parkes Leagues Club Co-op Limited (in liq) [2004] NSWSC 16 Re Cobar Mines Pty Ltd (rec & mgr apptd) (in liq) (1998) 30 ACSR 125 Re Lorie Najjar & Sons Pty Ltd (in liq) [2013] NSWSC 798; 94 ACSR 561 Rupert Co Ltd v Chameleon Mining NL [2005] NSWSC 719 Schwarz, in the matter of Gordon Smith Marketing Pty Ltd (administrator appointed) [2016] FCA 1378 Sims, in the matter of Destra Corporation Limited [2009] FCA 1199 Smith, in the matter of Actively Zones Pty Ltd (in liq) [2012] FCA 605 Strawbridge, in the matter of Virgin Australia Holdings Ltd (admins apptd) (No 2) FCA 717 Vero Workers Compensation v Ferretti [2006] NSWSC 292; 57 ACSR 103