This week’s TGIF considers a recent decision of the Supreme Court of Western Australia (Re Dundas Mining Pty Ltd (In Liq); Ex Parte John Allan Bumbak As Joint And Several Liquidator Of Dundas Mining Pty Ltd (In Liq) (ACN 608 839 050) [2025] WASC 157) to stay the winding up of a company to allow a deed of company arrangement (DOCA) to proceed.
Key takeaways
- A stay of the winding up to allow creditors to vote on a DOCA may be appropriate to facilitate a restructuring transaction and the end of the external administration.
- The liquidators may be granted leave to be appointed as the administrators with the leave of a court where the liquidators are the appropriate person. That is, there is no conflict of interest, threat to…