Browse by:

Does 2 and 6 days late render the DOCA void?

CCS Pty Ltd (CCS) entered Voluntary Administration on 19/6/18. On 16/7/18, the Administrators issued their second report to creditors, recommending that creditors vote in favour of the Deed of Company Arrangement (DOCA) proposal. Read more about what DOCA’s are here: HDOCA’s are valid, here’s why The DOCA Proposal The DOCA terms proposed to creditors: said…

Does 8 minutes late render the DOCA void?

12.08 am on the 16th business day, the Deed of Company Arrangement (“DOCA“) was signed and sent to the then Administrator. Does 8 minutes late render the DOCA void? Not according to today’s case, where the Court changed the wording of s444B(2)(a) from ’15 business days’ to ’16 business days.’ DOCA = “Deed of Company…

HDOCA’s are valid, here’s why

Earlier today I announced on LinkedIn that the High Court had released its reasons for why it confirmed the validity of a Holding DOCA (“HDOCA”), in the Mighty River case. Their Honours were (surprisingly) split 3:2. I say “surprising” because the matter only took 5 minutes in Court. Here is a link to the case.…