In the matter of Signature Pacific Pty Limited (Subject to Deed of Company Arrangement) (ACN 003 250 495) [2010] NSWSC 1160

New South Wales Supreme Court

CITATION : In the matter of Signature Pacific Pty Limited (Subject to Deed of Company Arrangement) (ACN 003 250 495) [2010] NSWSC 1160

HEARING DATE(S) : 22 September 2010

JUDGMENT DATE : 22 September 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 22 September 2010

1. Make order 3 in the originating process. 2. Make order 4 in the originating process. 3. Order pursuant to s 447A of the Corporations Act that Part 5.3A of the Corporations Act 2001 (Cth) ("the Act") is to operate in relation to Signature Pacific Pty Limited (subject to Deed of Company Arrangement) (ACN 003 250 495) (in this order called "the Company") as if: (a) it empowers the court, on the application of the plaintiff, to remove the plaintiff from office as administrator of the Deed of Company Arrangement to which the Company is subject and to appoint someone else as administrator of the Deed; and (b) any officer or member of the Company were able to apply for orders under s 449B of the Act in respect of the appointment of the new administrator of the Deed to be made by order 5 below. DECISION : 4. Order that Kevin Richard Shirlaw be removed as deed administrator of Signature Pacific Pty Limited (subject to Deed of Company Arrangement) (ACN 003 250 495). 5. Order that Geoffrey Trent Hancock be appointed deed administrator of Signature Pacific Pty Limited (subject to Deed of Company Arrangement) (ACN 003 250 495). 6. Make no order as to costs of the proceedings. 7. Note the undertaking of the plaintiff to the court in para 25 of the plaintiff's affidavit sworn 31 August 2010. 8. These orders may be entered forthwith and are to be entered forthwith if the plaintiff so requests.