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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: Southern Cross Produce (Sydney) Pty Limited
ACN: 003 960 245
Company: Southern Cross Produce (Sydney) Export Pty. Limited
ACN: 066 846 786
Company: Southern Cross Produce Melbourne Pty Ltd
ACN: 665 874 064
Company: Southern Cross Produce Farming Pty Ltd
ACN: 628 204 900
Company: Southern Cross Holdings (AUST) Pty Ltd
ACN: 621 130 809
Company: Wang Family Investments Pty Ltd
ACN: 620 110 009
Company: King Choi Pty Ltd
ACN: 619 635 522
Status: Administrators Appointed
Appointed: 06 May 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, see below for further details in this regard
Meeting date: 13 August 2024
Meeting time: 2:00pm (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. any other business

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 Southern Cross Produce (Sydney) Pty Limited; or
(b) The Administration of the Companies should end; or
(c) That the Companies 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 THE COMPANIES ARE 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).

Proof of debt and proxies

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

Time: 1:00pm (local time)
Date: 12 August 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 1:00pm (local time) on 12 August 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: 05 August 2024

(Melissa) Poh Bee Lau
Joint Administrator

Andrew John Spring
Joint Appointees

Address Jirsch Sutherland
GPO BOX 4256
SYDNEY NSW 2001
Contact person Aaron Smith/Victor Vuong
Contact number 1300 547 724
Facsimile (02) 9236 8334
Email aarons@jirschsutherland.com.au
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