Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed)

Murray & Roberts Pty Ltd (MRPL) is the Australian holding company of the Clough group of companies, which consists of several engineering and construction entities. Following a financial downturn, MRPL appointed administrators to manage the administration of the Clough companies. The administrators sought court orders to limit their personal liability with respect to certain agreements, extend the period for notifying lessors of property, modify the mechanism for voting, proofs of debt, and communications with creditors, modify the committee of inspection, and obtain suppression orders to protect confidentiality of agreements. The administrators argued that limiting their personal liability would enable the Clough companies to continue operating during the administration and restructuring process, ultimately benefiting creditors. The court found that the proposed orders were consistent with the objectives of the Corporations Act and were in the interests of the creditors. The court granted the orders sought by the administrators, including limiting their personal liability for certain agreements, extending the notice period for lessors of property, permitting the use of the Halo Platform for creditor communications and meetings, modifying the committee of inspection, and granting suppression orders for confidentiality.

The court made several orders in response to the administrators' application. The orders limited the administrators' personal liability for certain agreements, extended the notice period for lessors of property, permitted the use of the Halo Platform for creditor communications and meetings, modified the committee of inspection, and granted suppression orders for confidentiality. The court also ordered that any person with a sufficient interest could apply to vary or discharge certain orders with three business days' notice to the administrators and the court. The administrators' costs of and incidental to the application were ordered to be costs in the administration of the Clough companies, joint and severally.