In the matter of On Q Group Limited (In Liquidation)(Subject to Deed of Company Arrangement) ACN 009 104 330 [2014] NSWSC 1428

Supreme Court New South Wales

Medium Neutral Citation: In the matter of On Q Group Limited (In Liquidation)(Subject to Deed of Company Arrangement) ACN 009 104 330 [2014] NSWSC 1428 Hearing dates: 15 September 2014, written submissions closed 1 October 2014 Decision date: 17 October 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Application for termination of winding-up adjourned pending notification to creditors Catchwords: CORPORATIONS - external administration - winding up - termination of winding - application by deed administrator following resolution that company execute a DoCA - where DoCA would result in recapitalisation of a listed company under new management - where s 439A report arguably does not adequately explain practical effect of DoCA or potential alternatives Legislation Cited: (Cth) Corporations Act 2001, s 436A, 436B, 439A, s 444DA, 482, s 504, s 556, s 560, s 561 Cases Cited: In the matter of 311 Hume Highway Liverpool Fund Pty Limited (in liquidation) [2013] NSWSC 465 In the matter of AAA Financial Intelligence Ltd (in liquidation) ACN 093 616 445 (No 2) [2014] NSWSC 1270 Anderson v Palmer [2002] NSWSC 192 Re Bank of Queensland Ltd (1870) 2 QSCR 113 In the matter of Glass Recycling Pty Ltd (ACN 001 332 654) [2014] NSWSC 439 Mercy and Sons Pty Ltd v Wanari Pty Ltd [2000] NSWSC 756; (2000) 35 ACSR 70 Metledge v Bambakit Pty Ltd (in liq) [2005] NSWSC 160 Re South Barrule Slate Quarry Co (1869) LR 8 Eq 688 In the matter of TMPL Pty Limited (in liquidation) [2012] NSWSC 1059 Vero Workers Compensation (NSW) Limited v Ferretti Pty Ltd [2006] NSWSC 292; (2006) 57 ACSR 103 In the matter of Vietface TV Australia Pty Limited [2014] NSWSC 76 Re Warbler Pty Ltd (1982) 6 ACLR 526 Re Yeling Group Pty Ltd [2012] NSWSC 74 Category: Principal judgment Parties: Danny Tony Vrkic (Plaintiff) On Q Group Limited ACN 009 104 330 (In Liquidation) (Subject to Deed of Company Arrangement) (Defendant) Representation: Counsel: J. Chard (solicitor) (Plaintiff) Solicitors: File Number(s): 2014/265385