In the Matter of Kisoro Pty Ltd Hamilton, William James & Anor v National Australia Bank Ltd & Anor [1996] FCA 373

CATCHWORDS Practice and procedure - motion seeking leave to amend application - application to amend made after the conclusion of the hearing - judgment reserved - whether the amendment sought is too much too late - desirability of ensuring that public resources are used efficiently - proposed amendments raise difficult questions and would require substantial additional argument Corporations - orders sought to vary deed of company arrangement - whether amendments would result in a deed substantially different from that voted for by creditors - relevance thereof - extent and nature of power in s 447A of the Law Corporations Law s 447A IN THE MATTER OF KISORO PTY LTD (ADMINISTRATOR APPOINTED) (A.C.N. 002 202 084) WILLIAM JAMES HAMILTON AND PINO FIORENTINO in their capacity as joint administrators of KISORO PTY LIMITED (ADMINISTRATOR APPOINTED) v NATIONAL AUSTRALIA BANK LIMITED & ANOR No. NG 3095 of 1996 CORAM: Lehane J PLACE: Sydney DATE: 23 April 1996

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION ) No. NG 3095 of 1996 IN THE MATTER OF KISORO PTY LTD (ADMINISTRATOR APPOINTED) (A.C.N. 002 202 084) BETWEEN: WILLIAM JAMES HAMILTON AND PINO FIORENTINO in their capacity as joint administrators of KISORO PTY LIMITED (ADMINISTRATOR APPOINTED) (A.C.N. 002 202 084) Applicants AND: NATIONAL AUSTRALIA BANK LIMITED (A.C.N. 004 044 937) First Respondent IVANS BUTCHERY (NSW) PTY LIMITED (A.C.N. 070 093 202) Second Respondent CORAM: Lehane J PLACE: Sydney DATE: 23 April 1996 MINUTE OF ORDERS THE COURT ORDERS: 1. THAT the motion to amend the application is dismissed. 2. THAT costs are reserved.

3. THAT, under s 444B(2) of the Corporations Law, the period within which the deed of company arrangement is to be executed is the period expiring at 5:00 pm on 10 May 1996. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.