In the matter of Mosaic Brands Limited (admins apptd) (recs and mgrs apptd) [2024] NSWSC 1439

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mosaic Brands Limited (admins apptd) (recs and mgrs apptd) [2024] NSWSC 1439 Hearing dates: 6 and 8 November 2024 Date of orders: 6 and 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Several orders made in respect of voluntary administration. Catchwords: CORPORATIONS – Voluntary administration – extension of convening period and other orders. Legislation Cited: - Corporations Act 2001 (Cth), ss 419A, 439A, 440B, 447A - Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7-8 Cases Cited: - ABC Learning Centres Ltd (admins apptd) (recs and mgrs apptd) v Honey [2010] FCA 353 - Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 - Mighty River International Ltd v Hughes (2018) 265 CLR 480; [2018] HCA 38 - Re BBY Ltd [2015] NSWSC 974 - Re BCD Resources NL [2015] NSWSC 777 - Re Carson (in their capacity as joint and several administrators of Hastie Group Ltd (admin apptd)) [2012] FCA 626 - Re Carson (in their capacity as joint and several administrators of Hastie Group Ltd (admin apptd)) (No 2) [2012] FCA 717 - Re Creative Memories Australia Pty Ltd (admins apptd) [2013] NSWSC 732 - Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 - Re Jahani (as joint and several liquidators of Ralan Group Pty Ltd (admins apptd)) [2019] FCA 1446 - Re Mothercare Australia Ltd (admins apptd) [2013] NSWSC 263 - Re RCR Tomlinson (admins apptd) [2018] NSWSC 1859 - Re Renex Holdings (Dandenong) 1 Pty Ltd (admins apptd) [2015] NSWSC 2002 - Re Riviera Group Pty Ltd [2009] 72 ACSR 352; [2009] NSWSC 585 - Re Silvia (in their capacity as administrators of FEA Plantations Ltd (admins apptd)) [2010] FCA 468 - Re Strawbridge, In the matter of Virgin Australia Holdings Ltd (admins apptd) (2020) 144 ACSR 310; [2020] FCA 571 Category: Principal judgment Parties: Vaughan Strawbridge, Kathryn Evans, Kate Warwick and David McGrath in their capacity as Joint and Several Voluntary Administrators of Mosaic Brands Limited (Administrators Appointed) (Receivers and Managers Appointed) and the Third to Fourteenth Plaintiffs named in the Schedule (First Plaintiffs) Mosaic Brands Limited (Administrators Appointed) (Receivers and Managers Appointed) (Second Plaintiff) Noni B Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Third Plaintiff) Noni B Holdings 2 Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Fourth Plaintiff) Noni B Holdco Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Fifth Plaintiff) Millers Retail Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Sixth Plaintiff) Autograph Retail Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Seventh Plaintiff) Pretty Girl Fashion Group Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed (Eighth Plaintiff) Pretty Girl Fashion Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Ninth Plaintiff) Crossroads Retail Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Tenth Plaintiff) Katies Retail Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Eleventh Plaintiff) Rivers Retail Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Twelfth Plaintiff) W Lane Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Thirteenth Plaintiff) Ezibuy Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (Fourteenth Plaintiff) Representation: Counsel: S Scott (Plaintiffs) D Krochmalik (Receivers) (8 November only)