In the matter of JPD Media & Design Pty Limited (subject to Deed of Company Arrangement) [2020] NSWSC 1311

In the matter of JPD Media & Design Pty Limited (subject to Deed of Company Arrangement) [2020] NSWSC 1311

The Court approved increased remuneration for the voluntary administration, approved remuneration for deed administration based on detailed evidence and time cost records, and approved future remuneration to avoid further application costs, all having found sufficient justification for the amounts claimed, proportionality, and compliance with legal requirements. Leave to profit on modest internal disbursements was granted. The decision on the costs claim was postponed for further evidence or submissions.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Application for Approval and Variation of Administrator's Remuneration / Principal Judgment After Hearing
Outcome
Application allowed in part; remuneration as voluntary administrator increased; remuneration for deed administration approved; future remuneration approved; leave to profit on internal disbursements granted; costs to be determined after further evidence or submissions.
Legal Topics
['voluntary Administration' 'deed of Company Arrangement' 'remuneration of External Administrator' 'approval of Remuneration' 'internal Disbursements']
['corporations Law' 'insolvency'] ['voluntary Administration' 'deed of Company Arrangement' 'remuneration of External Administrator' 'approval of Remuneration' 'internal Disbursements']

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Procedural Posture

Application for Approval and Variation of Administrator's Remuneration / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Court should approve increased remuneration for voluntary administration where work exceeded amount approved by creditors' 'Whether the Court should approve remuneration for deed administration' 'Whether the Court should approve future remuneration for deed administration' 'Whether leave should be granted for internal disbursements to include an element of profit' 'Whether costs should be fixed by gross sum order']

Ratio Decidendi

The Court approved increased remuneration for the voluntary administration, approved remuneration for deed administration based on detailed evidence and time cost records, and approved future remuneration to avoid further application costs, all having found sufficient justification for the amounts claimed, proportionality, and compliance with legal requirements. Leave to profit on modest internal disbursements was granted. The decision on the costs claim was postponed for further evidence or submissions.

Court Disposition

Application allowed in part; remuneration as voluntary administrator increased; remuneration for deed administration approved; future remuneration approved; leave to profit on internal disbursements granted; costs to be determined after further evidence or submissions.

Orders

  • ["Mr Cathro's remuneration as voluntary administrator varied and increased as specified in the judgment." 'Remuneration for deed administration approved for period 27 June 2018 to 22 May 2020.' 'Future remuneration for deed administration approved for period 23 May 2020 to conclusion of DOCA.' 'Leave granted to...