In the matter of Kahlefeldt Securities Pty Limited (Administrator Appointed) ACN 001 320 270 [2022] NSWSC 939

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kahlefeldt Securities Pty Limited (Administrator Appointed) ACN 001 320 270 [2022] NSWSC 939 Hearing dates: 12 July 2022 Decision date: 13 July 2022 Jurisdiction: Equity - Corporations List Before: Hammerschlag CJ in Eq Decision: Order pursuant to s 447A of the Corporations Act 2001 (Cth) validating the appointment of the voluntary administrator. Catchwords: CORPORATIONS – Corporations Act 2001 (Cth) Part 5.3A – Corporations Act 2001 (Cth) ss 436A and 447A – where company secretary holding a general power of attorney from the two shareholders and appointed directors purports, using the powers of attorney, to appoint a voluntary administrator by passing a resolution of directors – invalidity of resolution – whether order should me made modifying the operation of Part 5.3A so as to validate the appointment – HELD – appropriate to make order. Legislation Cited: Companies Act 1961 (NSW) Corporations Act 2001 (Cth) Cases Cited: In the matter of Wingaway Air Pty Limited (Administrator Appointed) ACN 003 200 128 and Heron Airlines Travel Pty Limited (Administrator Appointed) ACN 052 408 170 [2012] NSWSC 246 Category: Principal judgment Parties: Shabnam Amirbeaggi in her capacity as Administrator of Kahlefeldt Securities Pty Limited (Administrator Appointed) ACN 001 320 270 - First Plaintiff Kahlefeldt Securities Pty Limited (Administrator Appointed) ACN 001 320 270 - Second Plaintiff Davinson Holdings Pty Limited - Third Plaintiff Representation: Counsel: MJ Heath - Plaintiffs