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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: Koala Clothing Australia Pty. Limited
ACN: 071 833 059
Status: Administrators Appointed
Appointed: 25 November 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: The meeting is being held virtually only. No physical attendance at the meeting will be permitted. The address has been stated to comply with Insolvency Practice Rules (Corporations) requirements only.
Meeting date: 20 December 2024
Meeting time: 11:00AM (local time)

(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 the approval of the Joint and Several Administrators remuneration
    2. To consider the annual administration charge;
    3. For creditors to resolve that:
    (a)A Deed of Company Arrangement be executed by Director;or
    (b)The Administration of Koala Clothing Australia Pty. Ltd should end; or
    (c)That Koala Clothing Australia Pty. Limited be wound up.

    IN THE EVENT CREDITORS VOTE IN FAVOUR OF THE EXECUTION OF THE DEED

    4.To consider the nomination of a person(s) to be Deed Administrator(s);
    5.To consider approval of the Deed Administrator(s) remuneration;

    IN THE EVENT KOALA CLOTHING AUSTRALIA PTY. LIMITED IS WOUND UP

    6.To consider the nomination of a person(s) to be Liquidator(s);
    7.To consider approval of the Liquidator(s) remuneration;
    8.To consider the appointment and constitution of a committee of inspection;
    9.To authorise the Liquidator(s) to be able to destroy the books and records of the Company within a period of six (6) months after the dissolution of the Company, subject to obtaining prior approval from the Australian Securities & Investments Commission (ASIC); and
    10. 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: 5:00 PM (local time)
    Date: 19 December 2024

    Special instructions

    Persons entitled to attend the meeting have been given sufficient information on how to obtain relevant information to attend the meeting virtually.

    In this regard, any creditor wishing to attend the meeting virtually must contact this office by no later than 5:00pm (local time) on 19 December 2024

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


    Date of Notice: 12 December 2024

    Andrew John Spring
    Administrator

    Peter John Moore
    Joint Appointees

    Address Jirsch Sutherland
    Suite 14.02, Level 14
    383-395 Kent Street
    SYDNEY NSW 2001
    Contact person Aron Ryu
    Contact number 1300 547 724
    Facsimile (02) 9236 8334
    Email aronr@jirschsutherland.com.au
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