White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 4) [2018] FCA 1436

White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 4) [2018] FCA 1436

The unpaid vendors, having had ample opportunity but failed to lodge proprietary claims, cannot further delay administration; administrators are justified in treating assets as company assets and are to be indemnified accordingly.

Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Corporate Insolvency / Interlocutory/management Orders; Directions Given for Amendment and Future Hearing
Outcome
Orders made granting liquidators leave to amend application, setting further timetable, granting indemnity, setting future hearing date, and standing over interlocutory process for further directions.
Legal Topics
['voluntary Administration' 'proprietary Claims' 'directions to Administrators' 'representative Party Procedures' 'indemnity of Liquidators']
['corporations Law' 'insolvency'] ['voluntary Administration' 'proprietary Claims' 'directions to Administrators' 'representative Party Procedures' 'indemnity of Liquidators']

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Procedural Posture

Corporate Insolvency / Interlocutory/management Orders; Directions Given for Amendment and Future Hearing

Legal Issues

  1. 1 ['Whether, given no proprietary claims lodged by unpaid vendors, liquidators may treat company bank monies as company assets' 'Whether liquidators should be indemnified for costs and expenses regarding determination of proprietary claims' 'Whether unpaid vendors should be granted further opportunity to make proprietary claims']

Ratio Decidendi

The unpaid vendors, having had ample opportunity but failed to lodge proprietary claims, cannot further delay administration; administrators are justified in treating assets as company assets and are to be indemnified accordingly.

Court Disposition

Orders made granting liquidators leave to amend application, setting further timetable, granting indemnity, setting future hearing date, and standing over interlocutory process for further directions.

Orders

  • ['First Plaintiffs to file amended Originating Process by 5pm on 21 September 2018 limiting application as ordered.' 'Written submissions on Amended Prayer 6 Application to be filed and served by 2 October 2018.' 'First Plaintiffs to be indemnified for reasonable costs, expenses, and remuneration incidental to...