Beatty, David John & Anor v Brashs Pty Ltd & Ors [1998] FCA 128

Beatty, David John & Anor v Brashs Pty Ltd & Ors [1998] FCA 128

There is no express or implied prohibition in Part 5.3A of the Corporations Law preventing the appointment of an administrator to a company already subject to a deed of company arrangement. Any practical difficulties or statutory inconsistencies can be resolved through reconciliation rather than implication. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 February 1998
Procedural Posture
Application for Declaration and Directions / Interlocutory Decision on Declaration and Adjournment of Further Hearing
Outcome
Declaration made; validity of administrators' appointment confirmed; orders for amendment to title and adjournment of further hearing; costs reserved.
Legal Topics
['deed of Company Arrangement' 'administrator Appointment' 'statutory Construction' 'part 5.3 A']
['corporations'] ['deed of Company Arrangement' 'administrator Appointment' 'statutory Construction' 'part 5.3 A']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Declaration and Directions / Interlocutory Decision on Declaration and Adjournment of Further Hearing

Legal Issues

  1. 1 ['Whether Part 5.3A of the Corporations Law permits the valid appointment of an administrator to a company already subject to a deed of company arrangement' 'Whether statutory interpretation should imply a prohibition against such appointment']

Ratio Decidendi

There is no express or implied prohibition in Part 5.3A of the Corporations Law preventing the appointment of an administrator to a company already subject to a deed of company arrangement. Any practical difficulties or statutory inconsistencies can be resolved through reconciliation rather than implication. The appointment of an administrator in these circumstances is valid.

Court Disposition

Declaration made; validity of administrators' appointment confirmed; orders for amendment to title and adjournment of further hearing; costs reserved.

Orders

  • ['The appointment by Brashs Pty Ltd (administrators appointed) (subject to deed of company arrangement) on 7 February 1998 of Lindsay Philip Maxsted and Michael Joseph Dwyer to be its administrators is valid.' 'The second applicant cease to be an applicant pursuant to Order 6 Rule 9 of the Federal Court Rules and...