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BCD Resources (Operations) NL

Case information

Appointment type: Deed of Company Arrangement
Appointment date: 1 October 2013
ACN: BCD Resources (Operations) NL
ACN 000 679 023
APPL Pty Ltd
ACN 000 809 754
A.C.N. 070 164 653 Pty Limited
ACN 070 164 653
(all subject to Deed of Company Arrangement)
Appointee(s): Timothy Norman, Sal Algeri, Adrian Hunter
Office: Melbourne
Enquiries: General enquiry
Britt Harradine
Tel: +61 3 9671 6573
Media enquiry
Simon Rushton
Tel: +61 2 9322 5562

Background information

BCD Resources NL is an Australian listed metals producer and has a processing facility situated at Beaconsfield in Tasmania.

ASIC has relieved BCD Resources (Operations) NL (Subject to Deed of Company Arrangement) from Part 2M.3 of the Corporations Act to lodge financial reports for the half-year ended 31 December 2013.

ASIC has granted an extension of time for BCD Resources (Operations) NL (Subject to Deed of Company Arrangement) to hold the 2013 Annual General Meeting until 30 June 2014. The reasons for its decision are summarised in the below document.

On 24 December 2013, ASIC granted no action letters confirming that ASIC did not intend to take regulatory action in relation to the failure by BCD Resources (Operations) NL (Subject to a Deed of Company Arrangement) to lodge with ASIC its audited consolidated financial reports for the year ended 30 June 2013 and to APPL Ply Ltd (Subject to a Deed of Company Arrangement) in relation to its failure to lodge with ASIC an individual audited financial report for the year ended 30 June 2013. On 22 May 2014, ASIC withdrew those no action letters.

In accordance with the terms of the Deed of Company Arrangement, the Deed Administrators made an application to the Supreme Court of Victoria under Section 444GA of the Corporations Act for the Court's consent to the transfer of all the shares in the Company not already owned by BCD Resources NL (BCD) to BCD. On 28 May 2014, the Supreme Court of Victoria delivered judgment and made orders granting the Deed Administrators leave to transfer all such shares to BCD. Copies of documents in relation to this application can be found below.

A letter from BCD Resources (Operations) NL (Subject to a Deed of Company Arrangement) together with the audited consolidated financial reports can be found below.



Court documents

Letter to shareholders regarding 2013 Annual Report
23 May 2014
ASIC Relief for BCDRO 2013 AGM
24 December 2013
ASIC relief notice – Subsection 340(1)
24 December 2013
Justice Digby's Judgement
5 June 2014
Supreme Court Orders
28 May 2014
S444GA Court application submission
20 May 2014
Affidavit of David Newman
8 May 2014
Sealed Orders of the Court
2 May 2014
Originating process
1 May 2014
Affidavit of Adrian Hunter
1 May 2014

Related links

  • ASIC
    Insolvency information sheets


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