Re John Pettit Pty Limited (Subject to a Deed of Company Arrangement) [2014] NSWSC 728

Supreme Court New South Wales

Medium Neutral Citation: Re John Pettit Pty Limited (Subject to a Deed of Company Arrangement) [2014] NSWSC 728 Hearing dates: 2 June 2014 Decision date: 03 June 2014 Jurisdiction: Equity Division Before: Lindsay J Decision: (1) An order (in the nature of judicial advice) made under s 447D of the Corporations Act 2001 Cth in relation to a proposed sale of property. (2) An order made under s 447A of the Act varying the operation of Part 5.3A (s 444F) so as to limit the liability of Deed Administrators in relation to property sold as property of the Company without notice of an adverse claim. Catchwords: CORPORATIONS - Voluntary Administration - Deeds of Company Arrangement - Generally - Appliation for an order (in the nature of judicial advice) under s 447D of the Corporations Act 2001 (Cth) - Application for an order under s 447A of the Act to vary the operation of Part 5.3A so as to limit the liability of Deed Administrators in relation to property sold as property of the company without notice of an adverse claim Legislation Cited: Corporations Act 2001 (Cth) Category: Principal judgment Parties: Shaun Robert Fraser and Anthony Gregory McGrath in their capacity as Deed Administrators of John Pettit Pty Limited (Subject to a Deed of Company Arrangement) (First Plaintiffs) John Pettit Pty Limited (Subject to a Deed of Company Arrangement) (Second Plaintiff) Representation: Counsel: Michael Izzo (Plaintiffs) Solicitors: Corrs Chambers Westgarth (Plaintiffs) File Number(s): 2014/00153128