Pavlakis v Equmen Pty Limited (No 2) [2014] FCA 951

Pavlakis v Equmen Pty Limited (No 2) [2014] FCA 951

Given the efficiency and continuity provided by Mr Levi's appointment as administrator, the lack of conflict of interest, advanced state of negotiations, communication with creditors, and absence of opposition, leave should be granted to Mr Levi under s 436B(2) to appoint himself as administrator. Modification of...

Source-derived case information.

Parties
Plaintiff: Anthony Pavlakis; Defendant: Equmen Pty Limited ACN 129 797 315
Jurisdiction
Australia
Judgment Date
29 August 2014
Procedural Posture
Corporations Interlocutory Application / Application for Leave to Appoint Provisional Liquidator as Administrator and for Orders Coordinating Creditors' Meetings
Outcome
Orders granted as sought by Mr Levi: leave to appoint himself as administrator, modification to timing and process of creditors' meetings, and directions for communication with creditors.
Legal Topics
Provisional Liquidation, Voluntary Administration, Deed of Company Arrangement, Appointment of Administrator, Creditors' Meetings
Corporations Law Provisional Liquidation Voluntary Administration Deed of Company Arrangement Appointment of Administrator Creditors' Meetings

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Parties

Anthony Pavlakis

Plaintiff

Equmen Pty Limited ACN 129 797 315

Defendant

Procedural Posture

Corporations Interlocutory Application / Application for Leave to Appoint Provisional Liquidator as Administrator and for Orders Coordinating Creditors' Meetings

Legal Issues

  1. 1 Whether leave should be granted under s 436B(2) of the Corporations Act 2001 (Cth) for a provisional liquidator to appoint himself as administrator of the defendant
  2. 2 Whether to grant relief under s 447A of the Corporations Act 2001 (Cth) to coordinate the second meeting of creditors for all four companies

Ratio Decidendi

Given the efficiency and continuity provided by Mr Levi's appointment as administrator, the lack of conflict of interest, advanced state of negotiations, communication with creditors, and absence of opposition, leave should be granted to Mr Levi under s 436B(2) to appoint himself as administrator. Modification of the convening and holding of creditors' meetings under s 447A is appropriate to enable coordinated consideration of related deeds of company arrangement proposals.

Court Disposition

Orders granted as sought by Mr Levi: leave to appoint himself as administrator, modification to timing and process of creditors' meetings, and directions for communication with creditors.

Orders

  • Service of the interlocutory process dispensed with under r 2.7(2) of the Federal Court (Corporations) Rules 2000 (Cth)
  • Pursuant to s 436B(2)(g) Corporations Act 2001 (Cth), David Joseph Levi granted leave to appoint himself as administrator of the defendant