Ben Butler 

Virgin Australia administrators ask court for liability exemption

Administrators of stricken airline ask federal court for their personal liability for lease payments to begin on 26 May
  
  

Virgin Australian planes
Administrators of Virgin Australia have asked the federal court for an order stating that they are ‘not personally liable for any liability with respect to any property leased, used or occupied’ by Virgin Australia. Photograph: James Ross/AAP

Administrators of stricken airline Virgin Australia have asked a court to give them a month-long exemption from being personally liable for $1.2bn in airplane leases.

In documents filed with the federal court, the administrators – Deloitte partners Vaughan Strawbridge, Salvatore Algeri, John Greig and Richard Hughes – have also requested orders enabling them to hold meetings electronically, streamline the administration and give them more time to respond to questions from creditors.

The company, which owes about $4.8bn to aircraft finance companies, bondholders and banks, went into administration on Monday night after the federal government turned down its request for a bailout.

Under insolvency law, administrators take on personal responsibility for the debts run up by the companies they are in charge of during their tenure.

However, in an originating application filed with the court on Thursday, the administrators have asked for their personal liability for lease payments to instead begin on 26 May.

In the meantime, they want a court order stating that they are “not personally liable for any liability with respect to any property leased, used or occupied” by Virgin Australia.

The administrators are also seeking the ability to hold a meeting of creditors, which is to be held next Thursday, by videolink.

In addition, they have asked for 10 days to respond to inquiries from creditors, instead of the five set down by law.

They have also asked for a simplified way of dealing with creditors.

Normally, a committee representing creditors is formed for each company in administration. These creditors’ committees play an important part in overseeing the activities of the administrators.

In Virgin Australia’s case, this would mean forming 38 separate committees. The administrators have asked the court to allow them to form just one covering all the companies in the group.

While the administrators have previously said they intended to seek an extension of time to hold a second meeting of creditors, they did not do so in Thursday’s court documents.

One of the administrators, Vaughan Strawbridge, has said he is hoping to quickly sell the airline, with expressions of interest from potential bidders due within three weeks.

Federal court judge John Middleton will hear the administrators’ application at a hearing on Friday morning that will itself be held by videolink.

 

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