NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Global Stress Index Pty Ltd (subject to deed of company arrangement) [2020] NSWSC 183 Hearing dates: 2 March 2020 Date of orders: 06 March 2020 Decision date: 06 March 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: (1) Pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth), grant leave to the plaintiff to transfer all of the shares in Global Stress Index Pty Ltd ACN 602 396 592 (subject to a Deed of Company Arrangement) (the Company) in accordance with the deed of company arrangement dated 16 December 2019.
(2) The plaintiff's costs be costs in the deed administration of the Company. Catchwords: CORPORATIONS – voluntary administration – deed of company arrangement – where share transfer to certain creditors a condition of DOCA – requirement for leave under Corporations Act 2001 (Cth) s 444GA – where shares in company have no residual value – where deed fund will satisfy claims of creditors – leave granted Legislation Cited: Corporations Act 2001 (Cth), s 444GA Cases Cited: Re Kapang Resources Ltd [2016] NSWSC 1895 Lewis, in the matter of Diverse Barrel Solutions Pty Ltd (subject to a deed of company arrangement) [2014] FCA 53 In the matter of Statewide Office Furniture Pty Ltd [2018] NSWSC 1393 Category: Principal judgment Parties: Giles Geoffrey Woodgate in his capacity as Deed Administrator of Global Stress Index Pty Ltd (subject to Deed of Company Arrangement) ACN 602 396 592 (Plaintiff) Charles Consulting Pty Limited (Defendant) Representation: Counsel: Mr J R Anderson (Plaintiff)
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