Deputy Commissioner of Taxation v Pope Joan Hospitality Pty Ltd (Restructuring Practitioner Appointed)

[2023] FCA 872

Federal Court of Australia21 July 2023

Built by Barristers,
For Australian Law.

1. Corporations
2. › interlocutory application to vary restructuring plan pursuant to reg 5.3B.61 of the Corporations Regulations 2001 (Cth)
3. › where restructuring plan had been accepted by creditors
4. › where there is no legislative mechanism to vary restructuring plan during acceptance period without Court approval
5. › where creditors’ interests protected by variation
1. Statutory Interpretation
2. › Corporations Act 2001 (Cth)
3. › Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth)
4. › Corporations Regulations 2001 (Cth)
5. › Part 5.3B
6. › construction of the Objects of Part 5.3B
7. › construction of power of Court to vary restructuring plan
8. › consideration of how the power should be exercised
9. › whether s 453Q and s440A of the Corporations Act should be construed and applied in the same manner