In the matter of Baseline Constructions Pty Ltd (subject to a deed of company arrangement) [2017] NSWSC 1018

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Baseline Constructions Pty Ltd (subject to a deed of company arrangement) [2017] NSWSC 1018 Hearing dates: 19 June 2017 Decision date: 04 August 2017 Jurisdiction: Equity - Corporations List Before: Robb J Decision: See paragraphs 92 to 101. Catchwords: CORPORATIONS – Voluntary administration – Deed of company arrangement – Where company entered into deed of company arrangement with creditors including its landlord – Where landlord later terminated lease due to breach by company – Where moratorium in deed of company arrangement was subject to requirement that company continue to pay rent – Whether landlord can commence proceedings against company – Effect of decision of Campbell JA in BE Australia WD Pty Ltd v Sutton [2011] NSWCA 414. Legislation Cited: Corporations Act 2001 (Cth) ss 435A, 435C,440B, 440D, 444A, 444D, 444E, 444F Cases Cited: BE Australia WD Pty Ltd v Sutton (2011) 82 NSWLR 336; [2011] NSWCA 414; Community Development Pty Ltd v Engwirda Construction Co (1969) 120 CLR 455 Henaford Pty Ltd v Strathfield Group Ltd [2009] NSWSC 539; (2009) 72 ACSR 240 J Aron Corporation v Newmont Yandal Operations Pty Ltd [2004] NSWSC 159; (2004) 49 ACSR 97 Lam Soon Australia Pty Ltd v Molit (No 55) Pty Ltd (1996) 70 FCR 34; (1996) 22 ACSR 169; Mehan v Arrium Ltd [2016] NSWSC 1680 Re Bluenergy Group Ltd [2015] NSWSC 977; (2015) 107 ACSR 373 Category: Principal judgment Parties: Place Management NSW (formerly known as Sydney Harbour Foreshore Authority) (plaintiff)