In the matter of DH International Pty Limited (Administrators Appointed) ACN 143 461 849 [2013] NSWSC 1120

Supreme Court New South Wales

Medium Neutral Citation: In the matter of DH International Pty Limited (Administrators Appointed) ACN 143 461 849 [2013] NSWSC 1120 Hearing dates: Thursday 18 July 2013 Decision date: 18 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: The appointment of John Vouris and Bradley Tonks on 25 June 2013, as administrators of the third plaintiff DH International Pty Ltd ACN 143 461 849, pursuant to s 436A of the Corporations Act was not invalid by reason of there being only one director of the company in office and/or by reason that that director was not ordinarily resident in Australia Catchwords: CORPORATIONS - External administration - appointment of administrator - resolution to enter administration passed by sole director - instrument of appointment of administrator signed by sole director - sole director not resident in Australia - where constitution required more than one director - whether administrator validly appointed Legislation Cited: (Cth) Corporations Act 2001, s 201A, s 447A, s 447C, s 1311, s 1322 schedule 3 Cases Cited: DVT Holdings v BigShop.com.au [2002] NSWSC 571 In the matter of Creative Memories Australia Pty Ltd (Administrators Appointed) [2013] NSWSC 652 Re Continental Pacific [2002] NSWSC 789 Category: Principal judgment Parties: John Vouris (first plaintiff) Bradley John Tonks (second plaintiff) DH International Pty Ltd ACN 143461849 (third plaintiff) HDRN Pty Limited (interested party) Representation: Counsel: Mr M Addison (solicitor) (plaintiff) Mr S Anderton (solicitor) (interested party) Solicitors: DibbsBarker (plaintiff) Atanaskovic Hartnell (interested party) File Number(s): 2013/ 218769