Catchwords:

CORPORATIONS – deed of company arrangement – whether binding on appellant for the purposes of s 444D of the Corporations Act 2001 (Cth) – where right to receive payment of future royalties – where absolute discretion as to whether or not to conduct mining operations – the obligation to pay the royalty was a contingent claim and a “claim” within the meaning of s 444D – appeal ground dismissed

CORPORATIONS – deed of company arrangement – whether binding on appellant – meaning of “claims” under s 444D – where right to lodge and maintain caveats over mining lease – where right to ensure transferee of mining lease bound by royalty deed – whether these rights are a separate “Claim” – where primary judge found that these rights were “ancillary” to a monetary obligation that is released by the deed, and the rights were also extinguished and released by the deed – held the caveat and transfer covenants were form part of the “Claim” – appeal ground allowed