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Notice

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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: A.C.N. 158 838 852 Pty Ltd (Formerly Known as Icon Construction Australia (NSW) Pty Ltd)
ACN: 158 838 852
Status: Administrators Appointed
Appointed: 28 December 2020

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: O'Brien Palmer
Level 9, 66 Clarence Street
SYDNEY NSW 2000
Meeting date: 16 February 2021
Meeting time: 10:30 AM

(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 determine the remuneration of the administrator(s)
  2. to determine the future remuneration of the administrator(s)
  3. to determine the deed administrator(s) and or liquidator(s) future remuneration if appointed
  4. to consider the appointment of an alternative deed administrator(s) or liquidator(s)
  5. if the company is wound up, to consider the appointment of a committee of inspection and, if so, who are to be the committee members
  6. any other business

to consider and resolve if thought fit, pursuant to section 439C of the Act, that: -

(a) the Company should be wound up; or

(b) the Administration should end; or

(c) the Company execute a Deed of Company Arrangement.

to determine, if appropriate, the internal disbursements of the administrators;

to determine the remuneration of the Former Administrator;

to determine the internal disbursements of the Former Administrator;

to determine, if appropriate, the internal disbursements of the Deed Administrators;

to determine, if appropriate, the internal disbursements of the Liquidators.

Proof of debt and proxies

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

Time: 04:00 PM
Date: 15 February 2021

Special instructions

In accordance with rule 75-75 of the Insolvency Practice Rules (Corporations) 2016 and in order to comply with the Corporations (Coronavirus Economic Response) Determination (No. 3) 2020, the meeting will also be held virtually. Creditors will be able to attend the meeting by utilising Zoom teleconferencing facilities, the dial in details for which are set out in this notice.

Creditors should be aware that as the meeting is to be held virtually, resolutions will be determined pursuant to rule 75-75(3) of the IPR by way of a poll.

Should you require a meeting link, please contact Mr Nash Chance of our office at nchance@obp.com.au.

Virtual Meeting Technology

Creditors wishing to attend the meeting using virtual meeting technology are advised they can use the following facility to attend the meeting:

Facility Number: 84615792492
Password: 673702


Date of Notice: 08 February 2021

Christopher John Palmer
Joint Administrator

Liam Thomas Bailey
Joint Appointees

Address O'Brien Palmer
Level 9, 66 Clarence Street
SYDNEY NSW 2000
Contact person Mr Nash Chance
Contact number (02) 9232 3322
Facsimile (02) 9232 3388
Email nchance@obp.com.au
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