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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: Austindo (WA) Pty Ltd
ACN: 078 294 701
Status: Administrator Appointed
Appointed: 12 June 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: Level 49, 108 St Georges Terrace
PERTH WA 6000
Meeting date: 16 July 2018
Meeting time: 11:00AM

(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 receive the report of the Administrator.
    2. Questions from creditors.
    3. For creditors to resolve that:
    (a) A Deed of Company Arrangement be executed by the Company; or
    (b) The Administration of the Company should end; or
    (c) That the Company be wound up.
    4. To consider the approval of the Administrators remuneration.

    IN THE EVENT CREDITORS VOTE IN FAVOUR OF THE EXECUTION OF THE DEED
    5. To consider the nomination of a person(s) to be Deed Administrator(s).
    6. To consider approval of the Deed Administrator(s) remuneration.

    IN THE EVENT THE COMPANY IS WOUND UP
    7. To consider the nomination of a person(s) to be Liquidator(s).
    8. To consider approval of the Liquidator(s) remuneration.
    9. To consider the appointment and constitution of a committee of inspection.
    10. To authorise the Liquidator(s) to be able to destroy the books and records of the Company within a period of six months after the dissolution of the Company, subject to obtaining prior approval from the Australian Securities & Investments Commission (ASIC).
    11. Any other business.

    Proof of debt and proxies

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

    Time: 04:00PM
    Date: 13 July 2018

    Special instructions

    We advise that teleconference facilities will be available at this meeting.

    Any creditor wishing to attend the meeting via teleconference must contact this office by no later than 4:00 pm (local time) on 13 July 2018.

    Creditors should note that any costs incurred in attending the meeting via teleconference are their own to bear and these costs are not able to be reimbursed from the assets of the Company.

    Electronic facilities

    Creditors wishing to attend by electronic means are advised they can utilise the following facility:

    Facility Number: 08 9463 3000
    Password:

    Creditors wishing to participate in the meeting by using electronic facilities must return to the external administrator not later than the second-last business day before the day of the meeting, a written statement setting out

    i. the name of the person and of the proxy or attorney, (if any); and
    ii. an address to which notices to the person, proxy or attorney may be sent; and
    iii. a method by which the person, proxy or attorney may be contacted for the purposes of the meeting.


    Date of Notice: 06 July 2018

    Gary Anderson
    Administrator

    Address WA Insolvency Solutions
    Level 49, 108 St Georges Terrace
    PERTH WA 6000
    Contact person Monty Purich
    Contact number (08) 9463 3000
    Facsimile (08) 9463 3099
    Email mpurich@wais.com.au
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