Re Pindan Group Pty Ltd (Administrators Appointed)

Case [2021] WASC 347


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   RE PINDAN GROUP PTY LTD (ADMINISTRATORS APPOINTED) AND ORS [2021] WASC 347

CORAM:   STRK J

HEARD:   13 SEPTEMBER 2021

DELIVERED          :   13 SEPTEMBER 2021

PUBLISHED           :   18 OCTOBER 2021

FILE NO/S:   COR 102 of 2021

MATTER:   IN THE MATTER OF PINDAN GROUP PTY LTD (ADMINISTRATORS APPOINTED) AND OTHERS

EX PARTE

VINCENT ANTHONY SMITH, COLBY RHYS O'BRIEN AND SAMUEL JOHN FREEMAN, as joint and several administrators of PINDAN GROUP PTY LTD (ADMINISTRATORS APPOINTED) ACN 611 922 386, PINDAN ASSET MANAGEMENT PTY LTD (ADMINISTRATORS APPOINTED) ACN 086 747 944 and PINDAN CONTRACTING PTY LTD (ADMINISTRATORS APPOINTED) ACN 120 076 360, and as joint and several liquidators of PINDAN PROJECTS WA PTY LTD (IN LIQUIDATION) ACN  611 922 475, PINDAN REALTY PTY LTD (IN   LIQUIDATION) ACN 009 372 847 and MOSELLE HOLDINGS PTY LTD (IN LIQUIDATION) ACN 009 338 318

Plaintiff


Catchwords:

Corporations law - Application by the administrators to further extend the convening period - Application by the administrators to limit their liability under proposed refinance agreements to the extent that such liability can be satisfied out of company assets pursuant to the administrators' indemnity under s 443(D) of the Corporations Act 2001 (Cth) - Application by the liquidators for approval to enter into proposed refinance agreements pursuant to s 477(2B) of the Corporations Act 2001 (Cth)

Legislation:

Corporations Act 2001 (Cth), s 439A(6), s 447A(1), s 477(2B)

Result:

Applications granted

Category:    B

Representation:

Counsel:

Plaintiff : A J Papamatheos and L Pham

Solicitors:

Plaintiff : Squire Patton Boggs

Case(s) referred to in decision(s):

Cameron Shaw and Richard Albarran in their Capacity as Joint and Several Administrators of Home Art Building Group Pty Ltd (Administrators Appointed) v Home Art Building Group Pty Ltd (Administrators Appointed) [2016] WASC 274

Flynn v Theobold [2008] WASC 263

In the matter of Nexus Energy Ltd [2014] NSWSC 1041

Jones, Saker, Weaver and Stewart (Liquidators), in the matter of Great Southern Limited (in liq) (Receivers and Managers Appointed) [2012] FCA 1072

Matthew David Woods and Hayden Leigh White as joint and several liquidators of Little Tiger Pty Ltd (In liq) as trustee for the BPH Trust v Little Tiger Pty Ltd (In liq) [2014] WASC 372

Mighty River International Ltd v Hughes [2017] WASCA 152; (2017) 52 WAR 1

Re Bell Group (In liq); Ex parte Woodings [2020] WASC 121

Re GA Listing & Maintenance Pty Ltd (1994) 15 ACSR 308

Re Gothard (No 2) [2015] FCA 401

Re HIH Casualty & General [2001] NSWSC 1186

Re HIH Insurance Group [2001] NSWSC 308

Re Mentha in their capacities as joint and several administrators of the Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 1469; (2010) 92 ACSR 142

Re Red Lancer Pty Ltd (In liq); Ex parte Bumback [2019] WASC 450

Re Reid Group Pty Ltd (Administrators Appointed); Ex parte Kirman & Bauer [2017] WASC 2019

Re Riviera Group Pty Ltd (Admins Apptd) (Recs and Mgs Apptd) [2009] NSWSC 585; (2009) 72…

Continue reading Re Pindan Group Pty Ltd (Administrators Appointed)

Sign in free to access the full text

Details
AGLC
Re Pindan Group Pty Ltd (Administrators Appointed) [2021] WASC 347
Case
[2021] WASC 347
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Western Australia, the plaintiffs, who are joint and several administrators and liquidators of various companies within the Pindan group, sought an extension to the convening period for the second meeting of creditors of Pindan Group and Pindan Contracting, and orders to facilitate a proposal that they enter into certain refinance agreements. The court considered the legal principles relevant to extending the convening period and limiting the personal liability of the plaintiffs under the refinance agreements. The court was satisfied that the extension of the convening period was necessary to allow the plaintiffs to assess, develop and negotiate a potential deed of company arrangement proposal, engage the Committees of Inspection, obtain appropriate advice, prepare reports to the creditors and convene the necessary second meeting of creditors. The court also considered the refinance proposal and the liquidators' authority to enter into the proposed refinance agreements. The court found that the proposed arrangements were in the interests of creditors and consistent with the objectives of the Corporations Act, and that the liquidators' contention that the refinancing documentation would not cause undue delay to the liquidations was sound. The court made orders to extend the convening period, limit the plaintiffs' liability under the refinance agreements and authorise the liquidators to enter into the proposed refinance agreements.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.