Intercapital Cleaners (Aust) Pty Limited, in the matter of Intercapital Cleaners (Aust) Pty Limited (No 2) [2010] FCA 434

Intercapital Cleaners (Aust) Pty Limited, in the matter of Intercapital Cleaners (Aust) Pty Limited (No 2) [2010] FCA 434

Orders under s 447A and s 447D of the Corporations Act 2001 are appropriate to validate the creditors' meeting of 16 April 2010 and to direct that the administrator was justified in acting in accordance with the resolutions passed, as adequate notice was given and no prejudice to creditors is apparent.

Jurisdiction
Australia
Judgment Date
30 April 2010
Procedural Posture
Corporate Insolvency / Application for Directions/orders During Administration
Outcome
Application granted
Legal Topics
["administrators' Powers" "creditors' Meetings" 'validity of Meeting Notice']
['corporations Law' 'insolvency'] ["administrators' Powers" "creditors' Meetings" 'validity of Meeting Notice']

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Procedural Posture

Corporate Insolvency / Application for Directions/orders During Administration

Legal Issues

  1. 1 ["Whether the creditors' meeting held on 16 April 2010 was invalid due to defect in notice" 'Whether the administrator was justified in acting on resolutions passed at the meeting']

Ratio Decidendi

Orders under s 447A and s 447D of the Corporations Act 2001 are appropriate to validate the creditors' meeting of 16 April 2010 and to direct that the administrator was justified in acting in accordance with the resolutions passed, as adequate notice was given and no prejudice to creditors is apparent.

Court Disposition

Application granted

Orders

  • ['Leave to file an amended originating process claiming additional orders as set out in the interlocutory process.' 'Part 5.3A of the Act is to operate, and has operated, in relation to the company as though the meeting of creditors held on 16 April 2010 was not invalid by reason of any defect in the giving of...