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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: Swinnerton Transport Pty Ltd
ACN: 610 534 300
Status: Administrators Appointed
Appointed: 05 July 2019

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 offices of RSM Australia, Equinox 4, Level 2, 70 Kent Street, Deakin ACT.
Meeting date: 09 August 2019
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 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. any other business

(7) If the Company is wound up, to consider and if thought fit, to authorise the Joint and Several Liquidators to enter into agreements that extend for more than three months, for the purpose of Section 477(2B) of the Act, on terms as the Joint and Several Liquidators see fit.

(8) If the Company is wound up, to consider and if thought fit, resolve that the Joint and Several Liquidators ability to compromise debts owed to the Company, which is currently limited to $100,000.00, for the purposes of Section 477(2A) of the Act, be increased to $500,000.00.

Proof of debt and proxies

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

Time: 5:00pm
Date: 08 August 2019


Date of Notice: 01 August 2019

Jonathon Kingsley Colbran
Joint Administrator

Address RSM Australia Partners
Equinox Building 4, Level 2
70 Kent Street
Deakin ACT 2600
Contact person Samuel Hansen
Contact number 02 6217 0428
Facsimile 02 6217 0401
Email Samuel.Hansen@rsm.com.au
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