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Corporations Act 2001
Subsection 439A(1)
Insolvency Practice Rules (Corporations) 2016 s75-40(1)

NOTICE OF SECOND MEETING OF CREDITORS OF COMPANY UNDER ADMINISTRATION

Company details

Company: ACN 050 019 960 Pty Ltd (Administrators Appointed) (formerly York Civil Pty Ltd)
ACN: 050 019 960
Status: Administrators Appointed
Appointed: 06 August 2018

Meeting details

Notice is given that a second meeting of the creditors of the Company, or a second meeting for each of the Companies, (for multiple companies), will be held:

Location: Hilton Adelaide
Victoria Room, Ground Floor
233 Victoria Square
ADELAIDE SA 5000
Meeting date: 10 September 2018
Meeting time: 2:00PM

(If multiple companies, see special instructions for meeting times)

Agenda

The purpose of the meeting(s) is:

  1. to receive the report by the Administrator(s) about the business, property, affairs and financial circumstances of the Company(ies); and
  2. to receive a statement of Administrator(s) opinion and reasons for the opinion:
    1. whether it would be in the creditors' interests for the Company(ies) to execute a deed of company arrangement;
    2. whether it would be in the creditors' interests for the administration to end;
    3. whether it would be in the creditors' interests for the company to be wound up;
  3. to receive a statement of such other information known to the administrator as will enable the creditors to make an informed decision about the matters at paragraphs 2(a) – (c) above;
  4. to receive details of any transactions that appear to the Administrator(s) to be a voidable transaction in respect of which money, property, or other benefits may be recoverable by a liquidator under part 5.7B of the Act
  5. to receive details of any proposed deed of company arrangement; and
  6. for the creditors of the Company(ies) to resolve that:
    1. the Company(ies) execute a deed of company arrangement; or
    2. the administration(s) should end; or
    3. the Company(ies) be wound up.

Other agenda items are:

    1. To consider a Statement by the Directors about the Company's business, property, affairs and financial circumstances.

    2. To consider the circumstances leading to the appointment of the Administrators to the Company and the various options available to creditors.

    3. To consider the report of the Administrators.

    4. To consider and if thought appropriate approve a resolution:

    "That the remuneration of the Administrators, as set out in the Remuneration Approval Request dated 30 August 2018, for the period from 25 August 2018 to 10 September 2018 inclusive be fixed and may be paid up to a maximum amount of $250,000.00, plus any applicable GST, but if the actual remuneration amount incurred is less than the maximum amount then the lesser amount will be charged."

    5. To resolve that:

    - The Administration should end (and control of the Company revert back to its Directors); or

    - The ACN 050 019 960 Pty Ltd (Administrators Appointed) (formerly York Civil Pty Ltd) be wound up.

    6. To consider and if thought appropriate approve a resolution:

    "That the future remuneration of the Liquidators, as set out in the Remuneration Approval Request dated 30 August 2018, for the period from commencement of the liquidation to 31 December 2018 be fixed up to a maximum amount of $400,000.00, plus any applicable GST, but subject to upward revision by resolution of creditors, or the Committee of Inspection should one be appointed, and that the Liquidators be authorised to make periodic payments on account of such accruing remuneration as incurred."

    7. To consider and if thought appropriate approve a resolution:

    "That the future internal disbursements (excluding the disbursements recovered at cost) of the Liquidators, as set out in the Remuneration Approval Request dated 30 August 2018, for the period from commencement of the liquidation to 31 December 2018 be fixed in the amount of $625.00, plus any applicable GST, and may be paid."

    8. If it is resolved that the Company be wound up, consider whether a Committee of Inspection is to be appointed, and if so, the members of that Committee.

    9. Any other business that may be lawfully brought forward.

    Proof of debt and proxies

    Creditors wishing to attend are advised proofs and proxies are to be submitted to the Administrator by:

    Time: 11:00AM
    Date: 07 September 2018

    Special instructions

    All Formal Proof of Debt and Proxy forms are to be returned to:

    Link Market Services Limited
    PO Box 3184, Rhodes NSW 2138
    Facsimile: +61 2 9287 0309
    Client Code: YCPI
    Email: yorkcivil@linkmarketservices.com.au
    Creditor Queries: +61 1300 420 208


    Date of Notice: 31 August 2018

    Timothy David Mableson
    Administrator

    Martin David Lewis
    Joint Appointees

    Address Link Market Services Limited
    PO Box 3184, Rhodes NSW 2138
    Client Code: YCPI
    Contact person
    Contact number 1300 420 208
    Facsimile 02 9287 0309
    Email yorkcivil@linkmarketservices.com.au
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