Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No 5)

Concrete Supply Pty Ltd (the first defendant), a company in financial difficulty, was the subject of an application by Adelaide Brighton Cement Limited (the applicant), a creditor. The application sought orders to terminate a deed of company arrangement entered into by the first defendant and to declare that the first defendant had failed to comply with certain statutory obligations. The first defendant opposed the application. The matter was heard in the Federal Court of Australia. The central legal issues in the case were whether the court should set aside a resolution for the first defendant to enter into a deed of company arrangement and whether a declaration of non-compliance with statutory obligations should specify the period of non-compliance. The court found that there were grounds to set aside the resolution for the first defendant to enter into a deed of company arrangement, and that the making of such an order would result in the first defendant automatically passing into liquidation. The court also found that the first defendant had indeed failed to comply with certain statutory obligations, and that the period of non-compliance should be specified in any declaration. The court ordered that the deed of company arrangement be terminated, and that liquidators be appointed for the first defendant. These orders were to be stayed until a specified date. The claims in paragraphs 11–14 of the originating process were dismissed.