Eco Heat (Vic) Pty Ltd v the Syndicate Forty Four Pty Ltd (Subject to Deed of Company Arrangement) & Ors [2018] VSC 156

CORPORATIONS
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Sifris J
Parties: 

In the matter of the Syndicate Forty Four P/L (formerly known as the Syndicate Two P/L) (subject to deed of company arrangement) (ACN 126 943 048) & Ors. Eco Heat (Vic) P/L (ACN: 108 686 040) v The Syndicate Forty Four P/L (formerly known as The Syndicate Two P/L) (subject to deed of company arrangement) (ACN 126 943 048) and others according to the attached schedule.

Judgment Date: 
13 April 2018
Catchwords: 

CORPORATIONS - Application to set aside Deed of Company Arrangement (DOCA) - Whether DOCA contrary to the interests of creditors as a whole - Whether DOCA should be terminated for some other reason - Public interest and commercial morality considerations - Whether discretion should be exercised to terminate DOCA - Section 445D(1)(f) and (g) Corporations Act 2001 (Cth).

Citation: 
[2018] VSC 156