Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Longley (deed administrator), in the matter of Dixon Advisory & Superannuation Services Pty Ltd (subject to deed of company arrangement) [2024] FCA 70 File number: VID 383 of 2023
Judgment of: BEACH J
Date of judgment: 9 February 2024
Catchwords: CORPORATIONS — deed of company arrangement — variation to the DOCA —modification by the Court rather than a resolution of creditors — order under s 447A(1) of the Corporations Act 2001 (Cth) — modifying the operation of s 445A — amendment to DOCA — consequential orders
Legislation: Corporations Act 2001 (Cth) ss 435A, 445A, 447A
Cases cited: Ansett Australia Ground Staff Superannuation Plan Pty Ltd (as trustee) v Ansett Australia Ltd (subject to a deed of company arrangement) (2004) 49 ACSR 1 Brandrill Ltd v Newmont Yandal Operations Pty Ltd [2006] NSWSC 74 Silvia, in the matter of FEA Plantations Ltd (Administrators Appointed) [2013] FCA 469 Winterton Constructions Pty Ltd v M A Coleman Joinery Co Pty Ltd (1996) 20 ACSR 671 Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 65
Date of hearing: 9 February 2024
Counsel for the Plaintiffs: Mr H Austin KC and Ms N Papaleo
Solicitor for the Plaintiffs: Clayton Utz
ORDERS VID 383 of 2023 IN THE MATTER OF DIXON ADVISORY & SUPERANNUATION SERVICES PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 103 071 665)
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