Federal Court of Australia
Federal Court of Australia
Osborne v Wilcre Investments, in the matter of New Emerald Energy Pty Ltd (in liq) [2024] FCA 1453 File number(s): NSD 1809 of 2024
Judgment of: GOODMAN J
Date of judgment: 16 December 2024
Catchwords: CORPORATIONS – application under s 447A of the Corporations Act 2001 (Cth) for orders that Part 5.3A of the Act operate in relation to a company in administration as if the deed of company arrangement (DOCA) had not terminated and as if the DOCA had been varied in accordance with a proposed amended DOCA – orders made substantially in the form sought by the plaintiffs
Legislation: Corporations Act 2001 (Cth), ss 435A, 445C, 446AA, 447A, Part 5.3A
Cases cited: Australasian Memory Pty Limited v Brien [2000] HCA 30; (2000) 200 CLR 270 Brandrill v Newmont Yandal [2006] NSWSC 974 Duggan, in the matter of Conomi Group Pty Limited (Subject to Deed of Company Arrangement) [2023] FCA 998 Farnsworth v ASIC [2007] NSWSC 866 In the matter of Derwent Howard Media Pty Limited [2011] NSWSC 1164 In the matters of MROC Car Wholesalers Pty Ltd and Ors [2017] NSWSC 287 Re Frenchy's Bread Pty Ltd [2015] NSWSC 2031 In the matter of Maria's Farm Veggies Pty Ltd (admins apptd) [2016] NSWSC 1899 Travis Royce as trustee of the Smith Investment Trust v Sandalwood Properties Ltd [2019] WASC 109
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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