Smith in the matter of Actively Zoned Pty Ltd (in liq)

Smith sought an order for himself to be appointed as administrator of Actively Zoned Pty Ltd (in liq), under the Corporations Act 2001. The case was heard in the Federal Court of Australia. Smith contended that he had a sufficient interest in the company's affairs to warrant his appointment as administrator, and that the interests of creditors and members would be best served by his appointment. The dispute centred on the interpretation and application of sections 436B and 447A of the Act, specifically the criteria for appointing an administrator and the requirement for a creditors' meeting.

The court considered the relevant statutory provisions and case law to determine whether Smith's application should be granted. It found that Smith had a sufficient interest in the company's affairs, as he was owed a substantial debt by the company, and his appointment would likely benefit creditors. The court also held that the interests of creditors and members would be adequately protected by Smith's appointment, and that a creditors' meeting was not necessary in this case. Consequently, the court granted leave for Smith to be appointed as administrator and dispensed with the requirement for a creditors' meeting.

The application for further relief sought by Smith was adjourned to a later date, and the court ordered that Smith's costs be paid as costs of the administration or, in the alternative, as costs of the winding up. The Federal Court Rules 2011 were referenced in relation to the entry of these orders.