ABC Learning Centres Limited, in the matter of; application by Walker (No 4) [2008] FCA 1946

ABC Learning Centres Limited, in the matter of; application by Walker (No 4) [2008] FCA 1946

The creditors resolved that the ABC Group Committee should comprise 15 members and directed the Administrators to seek a variation of the earlier orders; the Administrators considered a committee of 15 workable. In those circumstances, it was appropriate to vary the 13 November 2008 orders and confirm the validity of the resolution appointing 15 persons to the ABC Group Committee.

Jurisdiction
Australia
Judgment Date
27 November 2008
Procedural Posture
Application Pursuant to S 447 A(1) of the Corporations Act 2001 (cth) Concerning Voluntary Administration / Application to Vary Orders Made on 13 November 2008 and Confirm Validity of Creditors' Resolution
Outcome
Application granted; orders made varying the 13 November 2008 order and confirming the validity of the creditors' resolution.
Legal Topics
['voluntary Administration' 'committee of Creditors' 'variation of Court Orders' 'corporations Act 2001 (cth) Part 5.3 A']
['corporations Law' 'insolvency'] ['voluntary Administration' 'committee of Creditors' 'variation of Court Orders' 'corporations Act 2001 (cth) Part 5.3 A']

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Procedural Posture

Application Pursuant to S 447 A(1) of the Corporations Act 2001 (cth) Concerning Voluntary Administration / Application to Vary Orders Made on 13 November 2008 and Confirm Validity of Creditors' Resolution

Legal Issues

  1. 1 ['Whether the orders made on 13 November 2008 should be varied to permit the ABC Group Committee to be comprised of 15 members rather than 10 members.' "Whether the creditors' resolution passed at the meeting held on 18 November 2008 appointing 15 persons to the ABC Group Committee should be confirmed as valid."]

Ratio Decidendi

The creditors resolved that the ABC Group Committee should comprise 15 members and directed the Administrators to seek a variation of the earlier orders; the Administrators considered a committee of 15 workable. In those circumstances, it was appropriate to vary the 13 November 2008 orders and confirm the validity of the resolution appointing 15 persons to the ABC Group Committee.

Court Disposition

Application granted; orders made varying the 13 November 2008 order and confirming the validity of the creditors' resolution.

Orders

  • ['Order 1(a) made on 13 November 2008 be varied to read as set out in Order 1 of the orders made on 27 November 2008, including provision for appointment of an ABC Group Committee of up to a maximum of 15 persons.' 'The resolution of creditors of the Second Plaintiffs passed at the meeting of creditors convened...