In the matter of Mandalong Projects Capital P/L ACN 164 003 589 (Administrator Appointed) and Mandalong Projects JV P/L ACN 142 445 243 (Administrator Appointed) [2015] NSWSC 2143

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mandalong Projects Capital P/L ACN 164 003 589 (Administrator Appointed) and Mandalong Projects JV P/L ACN 142 445 243 (Administrator Appointed) [2015] NSWSC 2143 Hearing dates: 1 September 2015 Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Orders given that the administrations of the respondents end. Catchwords: CORPORATIONS – voluntary administration – administrators – appointment of administrators by secured party – (CTH) Corporations Act 2001, s 436C – where validity of appointment dubious – where no order sought declaring appointment invalid but parties seek order that administration end under s 447A – relevance of company's solvency where appointment made by several creditors – application under s 447D for confirmation that administrator was justified in accepting appointment and bringing proceedings – s 447D not appropriate to approve past acts of administrators – lack of necessity for such direction – held, administrations to end. Legislation Cited: (CTH) Corporations Act 2001, s 436C, s 447A, s 447A(2), s 447C, s 447D, s 511 Cases Cited: In the matter of One.Tel Limited [2014] NSWSC 457 Category: Principal judgment Parties: Ronald John Dean-Willcocks in his capacity as administrator of Mandalong Projects Capital Pty Limited Can 164 003 589 (administrator appointed) and Mandalong Projects JV Pty Limited ACN 142 445 243 (administrator appointed) (applicant) Mandalong Projects Capital Pty Limited Can 164 003 589 (administrator appointed) and Mandalong Projects JV Pty Limited ACN 142 445 243 (administrator appointed) (respondents) Representation: Counsel: J Shepard (applicant) C Rose (director) (respondents)