In the matter of Flow Systems Pty Ltd (subject to deed of company arrangement) [2019] NSWSC 888

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Flow Systems Pty Ltd (subject to deed of company arrangement) [2019] NSWSC 888 Hearing dates: 8 April 2019 Decision date: 08 April 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order made pursuant to s 447A of the Corporations Act 2001 (Cth) to vary a deed of company arrangement. Catchwords: CORPORATIONS – application to vary deed of company arrangement – where application to vary is made to compromise application to set aside deed of company arrangement. Legislation Cited: - Corporations Act 2001 (Cth) Pt 5.3A, ss 435A, 447A - Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: - FAI Workers Compensation (NSW) Ltd v Philkor Builders Pty Ltd (No 2) (1996) 21 ACSR 532; 14 ACLC 1574 - Mulvaney v Rob Wintulich Pty Ltd (1995) 60 FCR 81; 18 ACSR 384 - Re GIGA Investments Pty Ltd (admin apptd) (No 2) (1995) 58 FCR 92; 17 ACSR 547; 13 ACLC 1185 - Re Pasminco Ltd (No 2) [2004] FCA 656; (2004) 49 ACSR 470 - Re Tony Michael Mechanical Pty Ltd [2003] QSC 141; [2004] 1 Qd R 186 - Reed Constructions Australia Ltd v DM Fabrications Pty Ltd [2007] NSWSC 1190; (2007) 25 ACLC 1463 Category: Procedural and other rulings Parties: McCloy Group Pty Ltd (Plaintiff) Flow Systems Pty Ltd (subject to deed of company arrangement) (First Defendant) Christopher Clarke Hill (in his capacity as deed administrator) (Second Defendant) Philip Patrick Carter (in his capacity as deed administrator) (Third Defendant) Flow Systems Constructors Pty Ltd (subject to deed of company arrangement) (Fourth Defendant) Flow Systems Operations Pty Ltd (subject to deed of company arrangement) (Fifth Defendant) Cooranbong Water Pty Ltd (subject to deed of company arrangement) (Sixth Defendant) Huntlee Water Pty Ltd (subject to deed of company arrangement) (Seventh Defendant) Central Park Water Pty Ltd (subject to deed of company arrangement) (Eighth Defendant) Discovery Point Water Pty Ltd (subject to deed of company arrangement) (Ninth Defendant) Green Square Water Pty Ltd (subject to deed of company arrangement) (Tenth Defendant) Pitt Town Water Pty Ltd (subject to deed of company arrangement) (Eleventh Defendant) Wyee Water Pty Ltd (subject to deed of company arrangement) (Twelfth Defendant) Representation: Counsel: J C Giles SC/N Mirzai (Defendants) D R Sulan (Brookfield FS Holdings Pty Ltd) (Deed Proponent)