In the matter of Aeon Metals Limited (Administrators Appointed) [2024] NSWSC 1106

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Aeon Metals Limited (Administrators Appointed) [2024] NSWSC 1106 Hearing dates: 16 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with the Plaintiffs' Short Minutes of Order. Catchwords: CORPORATIONS – Administration – whether convening period should be extended – where extension will facilitate sales process in respect of the companies' business. CORPORATIONS – Administration – application under s 447A of the Corporations Act 2001 (Cth) for limitation of administrators' personal liability in respect of relevant borrowings – whether it is in the interests of the companies that the borrowing takes place. Legislation Cited: - Corporations Act 2001 (Cth), ss 435A, 443D and 447A Cases Cited: - Mighty River International Ltd v Hughes (2018) 265 CLR 480 - Re BCD Resources NL [2015] NSWSC 777 - Re Griffin Coal Mining Company Pty Ltd (2010) 82 ACSR 142 - Re RCR Tomlinson Ltd [2018] NSWSC 1859 - Re Riviera Group Pty Ltd (2009) 72 ACSR 352; [2009] NSWSC 585 Category: Principal judgment Parties: Vaughan Strawbridge, Kathryn Evans and Benjamin Campbell in their capacity as joint and several administrators of each of the Second to Seventh Plaintiffs (First Plaintiffs) Aeon Metals Limited (Administrators Appointed) (Second Plaintiff) Aussie NQ Resources Pty Limited (Administrators Appointed (Third Plaintiff) Aeon Walford Creek Ltd (Administrators Appointed) (Fourth Plaintiff) Aeon Isa Exploration Pty Ltd (Administrators Appointed) (Fifth Plaintiff) Aeon Monto Exploration Pty Ltd (Administrators Appointed) (Sixth Plaintiff) Aeon Walford Exploration Pty Ltd (Administrators Appointed) Seventh Plaintiff) Representation: Counsel: S Scott (Plaintiffs)