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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: Australia Fresh Kailyard Pty Ltd (formerly trading as Marco Fine Foods & Groceries)
ACN: 623 298 180
Status: Administrators Appointed
Appointed: 22 January 2024

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: Meeting to be held virtually only.
Notional location for the meeting is Level 6, 171 Collins Street Melbourne VIC 3001.
Meeting date: 27 February 2024
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. 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
  5. if the company is wound up to consider the early destruction of books and records

6. if the liquidators have ability to compromise debts (if applicable)
7. if the liquidators have ability to enter into agreements (if applicable)
8. 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: 4:00PM
Date: 26 February 2024

Special instructions

Virtual technology is to be used in holding this meeting.
Should you wish to attend, or nominate someone to attend by proxy on your behalf, contact Jessica Wang by email jwang@mcgrathnicol.com or telephone +61 3 9278 1042 and you will be provided with detailed instructions on how to participate in the meeting.
Sufficient information has been given to persons who are entitled to attend the meeting to participate in the meeting by means of the technology.

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: To be provided on request
Password: To be provided on request


Date of Notice: 20 February 2024

Matthew Hutton
Administrator

Robert Smith
Joint Appointees

Address Level 6, 171 Collins Street
Melbourne VIC 3000
Contact person Jessica Wang
Contact number 0392781042
Facsimile
Email jwang@mcgrathnicol.com
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