In the matter of Warwick Keneally as administrator of Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin apptd) [2015] NSWSC 937

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Warwick Keneally as administrator of Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin apptd) [2015] NSWSC 937 Hearing dates: 30 January 2015, 21, 22, 26 and 28 May 2015 Decision date: 16 July 2015 Jurisdiction: Common Law Before: Black J Decision: Declare that the administrator of the Company was not validly appointed. Parties to bring in short minutes of order to give effect to this judgment within 14 days. Catchwords: CORPORATIONS – meetings – notice of directors' meetings – where directors notified of meeting less than two hours prior to commencement – where notice of meeting sent by text message – whether notice reasonable in the circumstances – whether order under s 1322(4) of the Corporations Act 2001 (Cth).

CORPORATIONS – voluntary administration – administrator – where directors appointed administrator – where directors not called to give evidence – where administrator's evidence sought to establish solvency or likely insolvency – whether directors held requisite genuine opinion as to solvency or likely insolvency under s 436A of the Corporations Act 2001 (Cth).

CORPORATIONS – voluntary administration – administrator – where directors appointed administrator for the purpose of assisting with negotiations with another director and shareholder – whether purpose foreign to Pt 5.3A of the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) Pt 5.3A, ss 128(4), 129, 248C, 435A, 436A, 439A, 447A, 447C, 1322(4), 1322(6) - Evidence Act 1995 (NSW) s 136 - Supreme Court Act 1970 (NSW)