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Australian Securities and Investments Commission v Diploma Group Limited (No 4) [2017] FCA 1107

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CORPORATIONS – application by Australian Securities and Investments Commission to wind up company on just and equitable grounds – provisional liquidators expressed view that company is insolvent – where provisional liquidators suspect that directors and officers of the company may have contravened the Corporations Act 2001 (Cth) – where there is a lack of confidence in the conduct and management of the company’s affaires – whether to adjourn application to wind up company to allow creditors to consider a deed of company arrangement (DOCA) proposal – where provisional liquidators have filed an application to be appointed as administrators to allow DOCA proposal to be put to creditors – where provisional liquidators have provided some support for DOCA proposal – where liquidation may not prevent creditors considering DOCA proposal

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