In the matter of MAGS Dubbo Transitional Council; In the matter of OAGS Transitional Council; In the matter of Anglican Development Fund Diocese of Bathurst Board [2013] NSWSC 2030

In the matter of MAGS Dubbo Transitional Council; In the matter of OAGS Transitional Council; In the matter of Anglican Development Fund Diocese of Bathurst Board [2013] NSWSC 2030

Leave was granted because the receivers had followed the proof and notification process, realised or were to realise funds, creditors either consented or did not oppose the proposed distributions except for KPMG, and sufficient funds would be withheld to protect admitted and unadmitted claims including KPMG's position.

Jurisdiction
Australia
Judgment Date
18 December 2013
Procedural Posture
Interlocutory Applications / Leave to File Interlocutory Process Seeking Approval for Interim Distribution to Creditors
Outcome
Leave granted to MAGS Dubbo Transitional Council, OAGS Transitional Council and Anglican Development Fund Diocese of Bathurst Board to file interlocutory process; orders made in accordance with Short Minutes of Order in each proceeding.
Legal Topics
['winding Up' 'receivers and Managers' 'interim Distribution to Creditors' 'proofs of Debt']
['corporations' 'insolvency'] ['winding Up' 'receivers and Managers' 'interim Distribution to Creditors' 'proofs of Debt']

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Procedural Posture

Interlocutory Applications / Leave to File Interlocutory Process Seeking Approval for Interim Distribution to Creditors

Legal Issues

  1. 1 ['Whether leave should be granted to file interlocutory process seeking orders permitting interim distributions to creditors.' 'Whether proposed interim distributions were prudent and appropriate having regard to proofs of debt, rejected or deferred claims, and provision for admitted and unadmitted claims.']

Ratio Decidendi

Leave was granted because the receivers had followed the proof and notification process, realised or were to realise funds, creditors either consented or did not oppose the proposed distributions except for KPMG, and sufficient funds would be withheld to protect admitted and unadmitted claims including KPMG's position.

Court Disposition

Leave granted to MAGS Dubbo Transitional Council, OAGS Transitional Council and Anglican Development Fund Diocese of Bathurst Board to file interlocutory process; orders made in accordance with Short Minutes of Order in each proceeding.

Orders

  • ['In proceeding 2013/312122 (MAGS Dubbo Transitional Council), leave granted to the plaintiffs to file interlocutory process in the form initialled by the judge, returnable instanter; further service dispensed with; orders made in accordance with the Short Minutes of Order.' 'In proceeding 2013/319887 (OAGS...