Question
Sweet Life Chocolates Pty Ltd operates its business from a factory rented in the Macquarie Park Industrial Complex. Its landlord is IP Pty Ltd. Its
Sweet Life Chocolates Pty Ltd operates its business from a factory rented in the Macquarie
Park Industrial Complex. Its landlord is IP Pty Ltd. Its directors include Sam, who is also the
Head of Marketing and Tessa, who is also the Master Chocolatier. Lately, Sweet Life
Chocolates Pty Ltd has been experiencing financial difficulties due to an aggressive
campaign for healthy eating in schools and workplaces by a lobby group, Healthy Advocates
Australia (which has seen a decline in sales), and its financial records are a mess. It has been
late paying monies owed to its suppliers and employees. With Christmas approaching, the
directors are uncertain whether the company would be able to pay its employees their
holiday pay entitlements.
The companys main creditors are:
- NBA Bank Ltd is owed $500,000. This loan is secured over all of Sweet Life Chocolates Pty Ltds equipment;
- Sweet Life Chocolates Pty Ltd employees, including Sam and Tessa, who are owed $200,000 in wages; and
- Fast Cash Ltd is owed $50,000. This loan was unsecured but was guaranteed by the directors of Sweet Life Chocolates Pty Ltd.
Advise each of the following parties with reasons, and with reference to the relevant sections of the Corporations Act 2001 (Cth), as to which form of external administration would best suit their needs. What assumptions of fact do you need to make in your answers? (i.e. what further information do you need) (a) NBA Bank Ltd (b) Sweet Life Chocolates Pty Ltd employees; and (c) Fast Cash Ltd.
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