In the matter of Newcastle Mining Solutions Pty Limited (administrator appointed) [2016] NSWSC 753

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Newcastle Mining Solutions Pty Limited (administrator appointed) [2016] NSWSC 753 Hearing dates: 12 May 2016 Decision date: 12 May 2016 Before: Black J Decision: Declaration made that second meeting of creditors on 4 May 2016, and the resolution of creditors on 4 May 2016 to adjourn the meeting, are not invalid by reason of Plaintiff not being personally present at the meeting. Direction made that Plaintiff is to notify creditors of company of these orders by close of business on 13 May 2016 and liberty reserved for any interested person who wishes to seek to vary or set aside these orders to apply within seven days. Orders entered forthwith. Catchwords: CORPORATIONS — External administration — where voluntary administrator of company was not personally present at the second meeting of creditors in breach of s 439B of the Corporations Act 2001 (Cth) – where a resolution was passed at the second meeting of creditors to adjourn the meeting – whether the Court should make order pursuant to s 1322 of the Corporations Act 2001 (Cth) declaring that the second meeting of creditors and the resolution passed at that meeting are not invalid. Legislation Cited: - Corporations Act 2001 (Cth), ss 439A, 439B, 447A, 1322 - Corporations Regulations 2001 (Cth), regs 5.6.17, 5.6.18 Cases Cited: - Bovis Lend Lease Pty Ltd v Wily [2003] NSWSC 467; (2003) 45 ACSR 612 - Holzman v New Horizons Learning Centre (Canberra) Pty Ltd [2004] NSWSC 90; (2004) 180 FLR 246 - Re Evcorp Grains Pty Ltd [2014] NSWSC 72 Texts Cited: - Austin & Black's Annotations to the Corporations Act Category: Principal judgment Parties: Ronald John Dean-Willcocks in his capacity as voluntary administrator of Newcastle Mining Solutions Pty Ltd (Administrator Appointed) (Plaintiff) Representation: Counsel: R C Scruby (Plaintiff)