In the matter of JPD Media & Design Pty Limited (subject to Deed of Company Arrangement) [2020] NSWSC 1311

Supreme Court New South Wales

Medium Neutral Citation: In the matter of JPD Media & Design Pty Limited (subject to Deed of Company Arrangement) [2020] NSWSC 1311 Hearing dates: 4 September 2020; 18 September 2020 Decision date: 25 September 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Increased remuneration for voluntary administration allowed. Remuneration between 27 June 2018 and 22 May 2020 for deed administration approved. Future remuneration for deed administration approved. Leave granted to profit in respect of modest internal disbursements. Opportunity given to lead further evidence and make further submissions as to costs of the application. Catchwords: CORPORATIONS — Voluntary administration — Court approval of remuneration — Where remuneration amount approved by creditors exceeded by subsequent work — Whether remuneration reasonable — Deeds of company arrangement — Approval of deed administrators' remuneration — Application for approval of future remuneration Legislation Cited: - Insolvency Practice Schedule (Corporations), ss 60-10, 60-11, 60-12, 60-20, 90-15 Cases Cited: - HN QCV Bottle Tree Village Pty Ltd v QCV Bottle Tree Village Pty Ltd (No 2) [2019] NSWSC 433 - Kelly, Re Halifax Investment Services Pty Ltd (in liq) (No 6) [2019] FCA 2111 - Macquarie Bank Ltd v Two Eagles Pty Ltd [2014] NSWSC 367 - Lucantonio v Benscrape Pty Ltd (No 2) [2020] NSWSC 1114 - Re Aberdeen All Farm Pty Ltd (in liq) [2020] NSWSC 770 - Re Banksia Securities Ltd (in liq) (recs and mgrs apptd) [2017] NSWSC 540 - Re Sakr Nominees Pty Ltd [2017] NSWSC 668 - Saba v Plumb & Anor [2017] NSWSC 955 Category: Principal judgment Parties: JPD Media & Design Pty Limited (subject to deed of company arrangement) (First Plaintiff) Simon John Cathro in his capacity as former voluntary administrator of JPD Media & Design Pty Ltd (administrator appointed) (Second Plaintiff) Simon John Cathro in his capacity as deed administrator of JPD Media & Design Pty Limited (subject to deed of company arrangement) (Third Plaintiff) Representation: Counsel: J D Cook (Plaintiffs)