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In Sons of Gwalia Ltd (admin apptd) v Margaretic [2007] HCA 1 the High Court allowed shareholders to rank equally with unsecured creditors in insolvency cases involving illegal or misleading behaviour, flying in the face of traditional perceptions of the distinction between debt and equity, and the primacy historically
What happened to the Sons of Gwalia?
Sons of Gwalia was a Western Australian mining company that mined gold, tantalum, spodumene, lithium and tin. It was Australias third-largest gold producer and controlled more than half of the worlds production of tantalum, before entering administration in August 2004 following a financial collapse.
How deep is the Sons of Gwalia mine?
The mine, with a depth of 1,600 metres (5,200 ft) in 2019, is Australias deepest underground gold mine and the deepest trucking mine in the world, with a proposed depth of 2,300 metres (7,500 ft) by 2031.
What is subject to the deed of company arrangement?
This provides an important protection for the company as it works to implement the . While a company is subject to a , it must include the words subject to a Deed of Company Arrangement on: any public documents; and. other documents, such as contracts, that the company enters into.
Sons of Gwalia. Ltd (then subject to a Deed of Company Arrangement). The litigation resulted in a landmark decision of the High Court of Australia which held
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