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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: MORGMAR PTY LTD (ADMINISTRATORS APPOINTED)
ACN: 153 666 927
Trading name: FORMERLY TRADING AS FORTY WINKS CHIRNSIDE PARK
Status: Administrators Appointed
Appointed: 05 March 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: The meeting will be held virtually at the offices of Dye & Co. Pty Ltd, 165 Camberwell Road, Hawthorn East 3123 on Friday 17th April 2020 at 10:00AM. Please refer to the special instructions below.
Meeting date: 17 April 2020
Meeting time: 10:00AM

(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 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. if the company is wound up to consider the early destruction of books and records
  7. 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: 10:00AM
Date: 16 April 2020

Special instructions

We advise that due to the threat of COVID-19, and consistent with state and federal government policy on gatherings, the meeting of creditors convened will be held by virtual means. We note that whilst a physical place for the meeting is listed in compliance with the provisions of the Corporations Act 2001 attendance is only available by electronic means only and no physical meeting will occur. Do not attend our office. Therefore, I request that you comply with the following instructions to enable creditors to attend the meeting via telephone.

Please note under Insolvency Practice Rules (Corporations) (IPR) 75-35 if you wish to participate in the meeting via telephone you must give to the convener not later than 10:00AM on Thursday 16 April 2020:

(a) 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, detailing the telephone number to be called.

I advise that providing we have received the requested details including the creditors telephone number they will be contacted upon the commencement of the meeting on 17 April 2020.


Date of Notice: 06 April 2020

Shane Leslie Deane
Joint Administrator

Nicholas Giasoumi
Joint Appointees

Address Dye & Co. Pty Ltd
165 Camberwell Road
Hawthorn East 3123
Contact person S.L. Deane
Contact number 03 9818 8800
Facsimile 03 9818 8111
Email shane@dyeco.com.au
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