The High Court on ‘Holding’ DOCAs - Robert Newlinds
Banco Chambers
The use of ‘holding’ DOCA’s has not been without its critics: Is there really a proposal? How can the administrator actually form an opinion? These and other questions were considered by the High Court in Mighty River International Limited v Hughes Limited [2018] HCA 38 (12 September 2018) [2018] HCA 38.
Robert Newlinds SC - Counsel involved in the matter - gives the background to the decision which split the Court 3/2 on this important question, and tells you about the practical implications of the case and what it means for practitioners.
He also details the Impact of the ability of an insolvency practitioner as a chairperson to adjourn the second meeting of creditors for up to 45 business days unilaterally – (75-140 Insolvency Practice Rules).
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