Mighty River International Limited v HughesMighty River International Limited v Mineral Resources LimitedCitation:[2018] HCA 38Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:12 Sep 2018Case Number:P7/2018, P8/2018Read more
The court held that the deed of company arrangement did not impermissibly extend the convening period, the administrators formed the requisite opinions, and the deed was valid under the Corporations Act.
- Parties
- Applicant: Unknown Applicant(s); Respondent: Unknown Respondent(s)
- Jurisdiction
- Australia
- Judgment Date
- 12 September 2018
- Procedural Posture
- Civil / Judgment
- Outcome
- Deed of company arrangement upheld; application to declare deed void dismissed.
- Legal Topics
- Voluntary Administration, Deed of Company Arrangement, Creditors' Rights, Moratorium on Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown Applicant(s)
Applicant
Unknown Respondent(s)
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the deed of company arrangement impermissibly extended the convening period
- 2 Whether the administrators formed the requisite opinions under the Corporations Act
- 3 Whether the deed should have specified property available for distribution to creditors
Ratio Decidendi
The court held that the deed of company arrangement did not impermissibly extend the convening period, the administrators formed the requisite opinions, and the deed was valid under the Corporations Act.
Court Disposition
Deed of company arrangement upheld; application to declare deed void dismissed.
Orders
- The deed of company arrangement is valid and not void.
- Application to declare the deed void is dismissed.
Full Case Text
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