Commonwealth Bank of Australia v C2C Developments Pty Limited [2013] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v C2C Developments Pty Limited [2013] NSWSC 724 Hearing dates: 21/05/2013 Decision date: 07 June 2013 Jurisdiction: Equity Division - Corporations List Before: Young AJ Decision: Deed of Company Arrangement is terminated; third defendant to pay the plaintiffs costs Catchwords: CORPORATIONS - external administration - Deed of Company Arrangement - variation - requirements of variation - whether a formal deed of variation required - whether consent of deed's administrator required

CORPORATIONS - external administration Deed of Company Arrangement - termination - grounds for termination - where material contravention of the deed Legislation Cited: Corporations Act 2001 (Cth) Corporations Regulations 2001 (Cth) Cases Cited: Surber v Lean [2000] WASCA 380; (2000) 36 ACSR 176; 159 FLR 380 Category: Principal judgment Parties: Commonwealth Bank of Australia (Plaintiff) C2C Developments Pty Limited (Subject to Deed of Company Arrangement) (First Defendant) Raymond George Tolcher and Bradley John Tonks in their capacities as deed administrators of C2C Developments Pty Limited (Subject to Deed of Company Arrangement)(Second Defendant) Geoffrey Anthony Shannon (Third Defendant) Representation: Counsel: N M Bender (Plaintiff) K Tang (Defendants)(Solicitor) D M Crompton (Supporting Creditor) (Solicitor) Solicitors: Gadens (Plaintiff) Platinum Lawyers (Defendants) Church & Grace (Supporting Creditor) File Number(s): 2013/397049