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ARTICLE · 20 JUNE 2013

A creative application: using section 447A of the Corporations Act to validate an administrator appointment

DibbsBarker
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The case shows how the court will treat an application to validate an otherwise invalid appointment as an Administrator.

AustraliaFinance and Banking
Mark Addison
Mark Addison
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Focus: Creative Memories Australia Pty Ltd (Administrators Appointed) [2013] NSWSC 652
Services: Financial Services
Industry Focus: Financial Services

Administrators sometimes find themselves appointed in circumstances that may create problems for themselves, and the Administration, in the future. Some recent cases serve as examples of how the court will treat an application to validate an otherwise invalid appointment as an Administrator. In particular, this article discusses the outcome in In the matter of Creative Memories Australia Pty Ltd (Administrators Appointed) [2013] NSWSC 652 (13 May 2013).

The problem

On 30 April 2013, Atle Crowe-Maxwell and James White of BDO were appointed joint and several Administrators of Creative Memories Australia Pty Ltd (the Company).

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