Owen v Madden (No 5)

Case [2013] FCA 1443


FEDERAL COURT OF AUSTRALIA

Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 5) [2013] FCA 1443

Citation: Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 5) [2013] FCA 1443
Parties: MICHAEL ANDREW OWEN, STEPHEN JAMES PARBERY AND CHRISTOPHER CLARKE HILL IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF RIVERCITY MOTORWAY PTY LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 116 665 304 (AND EACH OF THE COMPANIES LISTED IN THE ATTACHED SCHEDULE))
File number: QUD 60 of 2011
Judge: LOGAN J
Date of judgment: 28 November 2013
Catchwords: CORPORATIONS – application by administrators to extend the convening period for the second meeting of creditors under s 439A of the Corporations Act 2001 (Cth) – previous existing extension by the Court to convening period ending – earlier other extension granted – whether Court satisfied that further extending administration in best interests of creditors – where complex corporation group involving toll road infrastructure – where prospects of company to conclude a sale of its business thereby improving its assets – Court satisfied that further extension of convening period necessary
Legislation: Corporations Act 2001 (Cth) ss 440D, 443D, 443F, 447A, 447D, 601GA, Pt 5.3A
Cases cited: Re Octavia Ltd (No 8) (2010) 237 FLR 315 considered
Owen, in the matter of Rivercity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden [2011] FCA 295 considered
Owen, in the matter of Rivercity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 2) [2012] FCA 312 considered
Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 4) (2012) 92 ACSR 255 considered
Date of hearing: 28 November 2013
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 49
Counsel for the Administrators: Mr S Doyle QC with Mr S Webster
Solicitor for the Administrators: Johnson Winter & Slattery
Counsel for the Receivers: Mr J Bond QC with Mr A Stumer
Solicitor for the Receivers: Allens

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

QUD 60 of 2011

IN THE MATTER OF RIVERCITY MOTORWAY PTY LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (AND EACH OF THE COMPANIES LISTED IN THE ATTACHED SCHEDULE)
BETWEEN:

MICHAEL ANDREW OWEN, STEPHEN JAMES PARBERY AND CHRISTOPHER CLARKE HILL IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF RIVERCITY MOTORWAY PTY LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 116 665 304 (AND EACH OF THE COMPANIES LISTED IN THE ATTACHED SCHEDULE)
Applicant

JUDGE:

LOGAN J

DATE OF ORDER:

28 NOVEMBER 2013

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.Pursuant to section 447A(1) of the Corporations Act 2001 (Cth) (the Act), rule 1.8 of the Federal Court (Corporations) Rules 2000, and rule 10.24 of the Federal Court Rules, the Applicants are deemed to have given adequate and proper notice of the Interlocutory Process filed in this proceeding dated 22 November 2013.

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AGLC
Owen v Madden (No 5) [2013] FCA 1443
Case
[2013] FCA 1443
Decision Date

CaseChat Overview and Summary

The application before the Court involved the administrators of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) seeking an extension of the convening period for the second meeting of creditors, directions in relation to three proceedings in the New South Wales registry, and approval of their remuneration for the preceding twelve months. The administrators and receivers and managers had a common interest in extending the convening period for the second meeting of creditors, which was sought until the end of June 2014. The administrators had taken the initiative to investigate claims and identify insurance policies that may respond to the claims in the New South Wales proceedings. The Court was satisfied that an extension of the convening period was necessary to ensure that the possibility of maximizing the worth of the tolling operation, which was the core asset, was realised. The Court was also satisfied that the extension would not result in any detriment to trade creditors, including employees, and that the administrators had responsibly discharged their duties.

The Court granted the administrators' request for directions to continue monitoring and investigating the claims made in the New South Wales proceedings, to identify and enforce rights under any insurance policies that may respond to the claims, and to take legal and other advice as required. The Court also approved the administrators' remuneration for the preceding twelve months and made orders to indemnify the administrators out of the property of the schemes for the remuneration and expenses incurred in relation to the schemes. The Court further made orders to ensure that the administrators had direct recourse to the scheme assets without having to rely on the responsible entity's right of indemnity and to apportion the indemnity between the schemes in proportion to the value of the funds held by the schemes at the time the indemnity was satisfied. The Court considered that the proposed apportionment was principled and sensible, and it would remove the risk of the administrators becoming out of pocket if the funds in one scheme were exhausted before the other.

In summary, the Court granted the application for an extension of the convening period until the end of June 2014, directions for the administrators to continue monitoring and investigating the claims in the New South Wales proceedings, and orders to indemnify the administrators out of the property of the schemes for their remuneration and expenses. The Court also approved the administrators' remuneration for the preceding twelve months and made orders for confidentiality to balance the desirability of public administration of justice with the present desirability that some aspects of the administration be kept confidential.

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