In the matter of Deposit Power Pty Limited [2018] NSWSC 1484

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Deposit Power Pty Limited [2018] NSWSC 1484 Hearing dates: 6 April 2018 Decision date: 06 April 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Declaration made that that the appointment of the Plaintiffs as voluntary administrators of the Defendant was valid, pursuant to s 447C(2) of the Corporations Act 2001 (Cth). The Plaintiffs' costs of the application be costs in the administration. Catchwords: CORPORATIONS – voluntary administration – application for declaration that appointment as voluntary administrators is valid – whether notice of meeting given to director was reasonable in the circumstances – whether failure to give longer notice of directors' meeting was procedural in nature – whether to declare appointment of voluntary administrators valid Legislation Cited: - Corporations Act 2001 (Cth) ss 248C, 248F, 447A, 447C, 1322 Cases Cited: - Ashrafinia v Ashrafinia [2012] NSWSC 500 - Cordiant Communications (Australia) Pty Ltd v The Communications Group Holdings Pty Ltd [2005] NSWSC 1005 - McMaster v Eznut Pty Ltd [2006] WASC 109; (2006) 58 ACSR 199 - Re Keneally as administrator of Australian Blue Mountain International Cultural and Tourist Group Pty Ltd (admin apptd) [2015] NSWSC 937 Category: Principal judgment Parties: Gavin Moss and Henry Kwok in their capacities as Administrators of Deposit Power Pty Ltd (Administrators Appointed) (Plaintiff) Deposit Power Pty Ltd (Administrators Appointed) (Defendant) Representation: Counsel: A W Smith/M Davis (Plaintiff)