In the Matter of Deeral Aboriginal & Torres Strait Islanders Corporation (Subject to Deed of Company Arrangement) & The Application of Ian David Jessup, Deed Administrator of Deeral Aboriginal and Torres Strait Islanders Corporation (Subject to Deed of Company Arrangement) [1996] FCA 865

In the Matter of Deeral Aboriginal & Torres Strait Islanders Corporation (Subject to Deed of Company Arrangement) & The Application of Ian David Jessup, Deed Administrator of Deeral Aboriginal and Torres Strait Islanders Corporation (Subject to Deed of Company Arrangement) [1996] FCA 865

Section 62 of the Aboriginal Councils and Associations Act 1976 (Cth) is not confined to Part 5.1 of the Corporations Law. Its reference to provisions relating to compromises or arrangements extends to Part 5.3A because that Part is directed to administration with a view to a deed of company arrangement and therefore relates to arrangements between a company and its creditors. The Registrar's powers under Part V, including s 71, do not show a contrary intention or confer an exclusive power to appoint an administrator. Accordingly, the voluntary administrator's appointment and the Deed of Company Arrangement were valid.

Jurisdiction
Australia
Judgment Date
30 September 1996
Procedural Posture
Application for Declarations as to the Validity of a Voluntary Administrator's Appointment and a Deed of Company Arrangement / Reasons for Judgment and Orders
Outcome
Declarations sought by the applicant made.
Legal Topics
['incorporation of Part 5.3 a of the Corporations Law' 'voluntary Administration' 'deed of Company Arrangement' 'meaning of Compromises or Arrangements' 'registrar of Aboriginal Corporations Powers']
['corporations Law' 'statutory Interpretation' 'aboriginal Councils and Associations'] ['incorporation of Part 5.3 a of the Corporations Law' 'voluntary Administration' 'deed of Company Arrangement' 'meaning of Compromises or Arrangements' 'registrar of Aboriginal Corporations Powers']

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Procedural Posture

Application for Declarations as to the Validity of a Voluntary Administrator's Appointment and a Deed of Company Arrangement / Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether s 62 of the Aboriginal Councils and Associations Act 1976 (Cth) incorporates provisions of Part 5.3A of the Corporations Law relating to deeds of company arrangement.' 'Whether the appointment of Ian David Jessup as voluntary administrator of Deeral Aboriginal and Torres Strait Islanders Corporation was valid.' 'Whether the Deed of Company Arrangement executed on 22 May 1996 was valid.' "Whether the Registrar of Aboriginal Corporations' functions under Part V, particularly s 71, indicate a contrary intention excluding Part 5.3A for the purposes of s 10A of the Acts Interpretation Act 1901 (Cth)."]

Ratio Decidendi

Section 62 of the Aboriginal Councils and Associations Act 1976 (Cth) is not confined to Part 5.1 of the Corporations Law. Its reference to provisions relating to compromises or arrangements extends to Part 5.3A because that Part is directed to administration with a view to a deed of company arrangement and therefore relates to arrangements between a company and its creditors. The Registrar's powers under Part V, including s 71, do not show a contrary intention or confer an exclusive power to appoint an administrator. Accordingly, the voluntary administrator's appointment and the Deed of Company Arrangement were valid.

Court Disposition

Declarations sought by the applicant made.

Orders

  • ['The appointment of the applicant as the voluntary administrator of Deeral Aboriginal and Torres Strait Islanders Corporation is declared valid.' "The Deed of Company Arrangement executed on 22 May 1996 by the Deeral Aboriginal and Torres Strait Islanders Corporation and the applicant pursuant to a resolution of...