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Australasian Memory Pty Limited v Brien

[2000] HCA 30
Judgment date
Case number
S84/1999
Before
Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ
Catchwords

Corporations – External administration - Administration with a view to executing a deed of company arrangement - Power of court to make such order as it thinks appropriate about how Pt 5.3A is to operate in relation to a particular company - Whether power to remedy defect caused by convening of creditors meeting prior to specified period - Whether power to alter time periods fixed by Pt 5.3A where specific provisions for extension of time - Whether power retrospectively to vary the operation of Pt 5.3A - Whether power to affect vested rights.

Words and phrases – "is to operate".

Corporations Law – s 447A, Pt 5.3A.

Files
30.rtf (37.2 KB)
30.pdf (62.24 KB)