Lucas, as liquidator of Blackwater Mine Workers' Club Limited (in liq) v Blackwater Mine Workers' Club Limited (in liq) [2023] FCA 1636

Federal Court of Australia

Lucas, as liquidator of Blackwater Mine Workers' Club Limited (in liq) v Blackwater Mine Workers' Club Limited (in liq) [2023] FCA 1636 File number: QUD 406 of 2023

Judgment of: DERRINGTON J

Date of judgment: 8 December 2023

Date of publication of reasons: 19 December 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 – where 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 – consideration of order sought pursuant to s 447A(1) of the Act to defer the effect of a valid appointment of directors by the administrator under s 442A of the Act – application granted

Legislation: Corporations Act 2001 (Cth)

Cases cited: Brooks, in the matter of 351 Property Management & Maintenance Pty Ltd (in liq) [2023] FCA 1426 Calabretta v Redpen Developments Pty Ltd (in liq) (2010) 183 FCR 47 Deputy Commissioner of Taxation v Advant Pty Ltd (Administrators Appointed) [2017] FCA 1123 Dickerson, in the matter of McWilliam's Wines Group Ltd (subject to Deed of Company Arrangement) (No 5) [2021] FCA 431 Mercy & Sons Pty Ltd v Wanari Pty Ltd (2000) 157 FLR 107 Michael, In the matter of Scenic Hinterland Day Tours Pty Ltd (in liq) [2023] FCA 1277 Re AMJ Transport NSW Pty Ltd (in liquidation) [2019] NSWSC 818 Re Nardell Coal Corporation Pty Ltd (2004) 182 FLR 290 Sims, in the matter of Destra Corporation Limited [2009] FCA 1199 Sutherland v Rahme Enterprises Pty Ltd (2003) 46 ACSR 458 Vero Worker Compensation (NSW) Ltd v Ferretti Pty Ltd (in liq) (2006) 57 ACSR 103