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EzylendLtd is a finance company that provides home loans to the public. Traditionally, the volume of business has varied according to the different seasons in the year. Based on past trading patterns, the volume of home loans has traditionally decreased in Winter and then increased in Spring. In early 2012, the volume of new home loans has been significantly lower than in previous years which hascaused a cash flow problem for the business. Several of the company's trade creditors have complained about the non-payment or late payment of their claims.However, the directors of EzylendLtd are hopeful that the business will get better in the Spring and therefore agree on 1 July 2012to lend the company $500,000 to cover operating expenses until1 December2012. The directors'loan is secured by a circulating security interest (floating charge)over the company's entire assets. Unfortunately for EzylendLtd, business does not improve and they have to take out a further loan from EastpacBank Ltd to fund the continued operation of the business. EastpacBank Ltd is given asecurity interest in a non-circulating asset (fixed charge)over the offices owned by EzylendLtd. EastpacBank Ltd also requires that the directors give personal guarantees to cover repayment of the EastpacBank Ltd loan to EzylendLtd, which the directors agree to.EzylendLtd also has unpaid amounts owing to an office supply company (Acme Supply Ltd), and these payments are now ninety days overdue. Advise each of the following parties, with reference to the Corporations Act, as to which form of external administration is best for them and how that form of external administration will impact on their rights and liabilities:(a)EastpacBank Ltd; and(b)Ezylend Ltd's directors.(5 marks)AND(c)Discuss the purpose and operation of the liquidator's power to conduct compulsory public examinations before the court under s 596A of the Corporations Act 2001 (Cth).[Note: this question is separate from the facts and issues raised above].
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