Mighty River International Ltd v Hughes

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, NETTLE, GORDON AND EDELMAN JJMatter No P7/2018MIGHTY RIVER INTERNATIONAL LIMITED  APPELLANTANDBRYAN HUGHES AND DANIEL BREDENKAMP AS DEED ADMINISTRATORS OF MESA MINERALS LIMITED & ANOR   RESPONDENTSMatter No P8/2018MIGHTY RIVER INTERNATIONAL LIMITED  APPELLANTANDMINERAL RESOURCES LIMITED & ORS   RESPONDENTSMighty River International Limited v HughesMighty River International Limited v Mineral Resources Limited[2018] HCA 38Date of Order:  19 June 2018Date of Publication of Reasons:  12 September 2018P7/2018 & P8/2018ORDERIn each matter, the appeal is dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentationC R C Newlinds SC with D R Sulan and P R Gaffney for the appellant in both matters (instructed by Nova Legal)N C Hutley SC with J K Taylor for the respondents in P7/2018 and the second and third respondents in P8/2018 (instructed by Clayton Utz)J T Gleeson SC with B R Kremer for the first respondent in P8/2018 (instructed by Bennett + Co)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMighty River International Limited v HughesMighty River International Limited v Mineral Resources LimitedCompanies – Voluntary administration – Deed of company arrangement – Where administrator required to form opinion about certain matters as soon as practicable after administration begins – Where administrator required to convene meeting of creditors within convening period – Where convening period may be extended by court order – Where company executed deed which imposed moratorium on creditors' claims while administrators conducted further investigations – Where deed provided no...