In the Matter of OrotonGroup Limited (Subject to Deed of Company Arrangement) ACN 000 038 675; Application of Strawbridge and Kanevsky [2018] NSWSC 1213

Supreme Court New South Wales

Medium Neutral Citation: In the Matter of OrotonGroup Limited (Subject to Deed of Company Arrangement) ACN 000 038 675; Application of Strawbridge and Kanevsky [2018] NSWSC 1213 Hearing dates: 27 July 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Jurisdiction: Equity Before: White J Decision: Refer to [44] of judgment. Catchwords: CORPORATIONS – Voluntary administration – Deed of Company Arrangement – Application under s 444GA of the Corporations Act 2001 (Cth) for leave to transfer all issued shares pursuant to Deed – Whether shareholders unfairly prejudiced – Where shareholders would receive no consideration for shares under proposed Deed of Company Arrangement – Where independent expert report established that shareholders would receive no dividend on liquidation – Leave granted Legislation Cited: Corporations Act 2001 (Cth), ss 444GA, 447A, 655A Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: Re 3GS Holdings Pty Ltd (subject to Deed of Company Arrangement) [2015] VSC 145 Re BCD (Operations) NL (subject to Deed of Company Arrangement) [2014] VSC 259; (2014) 100 ACSR 450 Re Kupang Resources Ltd (subject to Deed of Company Arrangement)(Receivers and Managers appointed) [2016] NSWSC 1895 Re Lewis; Diverse Barrel Solutions Pty Ltd [2014] FCA 53 Re Mirabela Nickel Ltd (subject to Deed of Company Arrangement) [2014] NSWSC 836 Re Nexus Energy Limited (subject to Deed of Company Arrangement) [2014] NSWSC 1910 Re Paladin Energy Ltd (subject to Deed of Company Arrangement) [2018] NSWSC 11 Re TEN Network Holdings Ltd (subject to Deed of Company Arrangement) (Receivers and Managers Appointed) [2017] NSWSC 1529 Weaver, Saker and Jones (in their capacity as Joint and Several Deed Administrators of Midwest Vanadium Pty Ltd) v Noble Resources Ltd (2010) 41 WAR 301; [2010] WASC 182 Category: Principal judgment Parties: Vaughan Strawbridge and Glen Kanevsky in their capacities as joint and several deed administrators of OrotonGroup Limited (subject to Deed of Company Arrangement) ACN 000 038 675