In the matter of A.F.G. Insurances Limited (subject to deed of company arrangement) [2013] NSWSC 1295

In the matter of A.F.G. Insurances Limited (subject to deed of company arrangement) [2013] NSWSC 1295

The Court has the power to appoint a new joint and several deed administrator under either s 449D or s 447A of the Corporations Act 2001 (Cth) upon the resignation of a current administrator, and in the present case, practicality and qualifications justify the appointment sought.

Jurisdiction
Australia
Judgment Date
29 April 2013
Procedural Posture
Interlocutory Application / Order for Appointment of Joint and Several Deed Administrator
Outcome
Order for appointment of Mr Philip Campbell-Wilson as joint and several deed administrator of A.F.G. Insurances Limited (subject to Deed of Company Arrangement) with effect from 30 April 2013
Legal Topics
['deed of Company Arrangement' 'appointment of Deed Administrator' 'resignation of Administrator' 'court Power Under Corporations Act']
['corporations Law'] ['deed of Company Arrangement' 'appointment of Deed Administrator' 'resignation of Administrator' 'court Power Under Corporations Act']

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Procedural Posture

Interlocutory Application / Order for Appointment of Joint and Several Deed Administrator

Legal Issues

  1. 1 ["Whether the Court's power to appoint a deed administrator arises under s 449D or s 447A of the Corporations Act 2001 (Cth) upon the resignation of a current joint administrator"]

Ratio Decidendi

The Court has the power to appoint a new joint and several deed administrator under either s 449D or s 447A of the Corporations Act 2001 (Cth) upon the resignation of a current administrator, and in the present case, practicality and qualifications justify the appointment sought.

Court Disposition

Order for appointment of Mr Philip Campbell-Wilson as joint and several deed administrator of A.F.G. Insurances Limited (subject to Deed of Company Arrangement) with effect from 30 April 2013

Orders

  • ['An order pursuant to s 449D, or alternatively s 447A of the Corporations Act, that Mr Philip Campbell-Wilson be appointed as a joint and several deed administrator of A.F.G. Insurances Limited (subject to Deed of Company Arrangement) with effect from 30 April 2013']