Federal Court of Australia
Federal Court of Australia
Ball, in the matter of J.W. Mailing Services Pty Ltd (in liq) (Subject to Deed of Company Arrangement) [2023] FCA 1479 File number(s): NSD 800 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 29 November 2023
Catchwords: CORPORATIONS – where relief sought in Further Amended Originating Process overtaken by execution of Amended Deed of Company Arrangement (Amended DOCA) – where Amended DOCA executed following resolution passed at meeting of creditors – whether appropriate to make orders having regard to these circumstances – Held: Application dismissed
Legislation: Corporations Act 2001 (Cth) s 447A, 445A Insolvency Practice Schedule (Corporations) 2016 s 90-20
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 16
Date of hearing: 7 September 2023 and 9 November 2023
Counsel for the Plaintiffs: Mr A C K Smyth
Solicitor for the Plaintiffs: Manning Lawyers
Solicitor for the Second Defendant: Mr J Frangi of Fortis Law
ORDERS NSD 800 of 2023 IN THE MATTER OF J.W. Mailing Services Pty Ltd (in liq) (Subject to Deed of Company Arrangement) MITCHELL WARREN BALL First Applicant
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