Duggan, in the matter of Conomi Group Pty Limited (Subject to Deed of Company Arrangement)

The matter before the court involved Conomi Group Pty Limited, a company in voluntary administration, and the deed administrator, Ms Duggan. The primary dispute concerned the confirmation of the deed of company arrangement (DOCA) and seeking variations to it to reflect events post its execution. Ms Duggan sought orders under section 447A of the Corporations Act 2001 (Cth) to confirm that the DOCA had not terminated and to vary it to correct deficiencies and reflect payments made by Alexander Company. The court was required to decide whether it had the jurisdiction to vary the DOCA and if the proposed variations were appropriate under the circumstances.

The court examined the statutory powers granted under section 447A, noting the established authority allowing the court to vary a DOCA in appropriate circumstances, particularly where there is no prejudice to creditors. The court found that the variations sought by Ms Duggan did not prejudice creditors, were necessary to correct drafting errors and reflect actual payments, and were supported by the majority of creditors and the parties involved. The court concluded that the variations were uncontentious and necessary to avoid the termination of the DOCA and to preserve the intended participation of creditors.

The court granted the orders substantially in the form sought by Ms Duggan, confirming that the DOCA was not terminated and varying it to reflect payments made and to correct typographical errors. The court also directed that the deed administrator’s costs be costs in the administration and ordered that interested parties be notified of the orders and given the opportunity to apply for variations. The specific variations included recognising the payments made by Alexander Company as part of the Released Contribution and Available Assets, and applying the draft Varied Deed of Company Arrangement annexed to the orders.