In the matter of Daisytek Australia Pty Limited [2003] FCA 575

FEDERAL COURT OF AUSTRALIA

In the matter of Daisytek Australia Pty Limited [2003] FCA 575 CORPORATIONS – application by administrators of two companies in voluntary administration for extension of time fixed by s 439A of the Corporations Act 2001 (Cth) for convening meetings of creditors – application by administrators also under s 447A of the Act for an order permitting the two meetings to be held earlier than the period of five business days following expiry of the extended convening period – whether s 447A empowers court to make latter order – discretionary considerations relating to both kinds of order.

Corporations Act 2001 (Cth) ss 439A, 447A Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 cited

IN THE MATTER OF DAISYTEK AUSTRALIA PTY LTD AND

DAISYTEK AUSTRALIA (QUEENSLAND) PTY LTD N 3031 OF 2003 LINDGREN J 4 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3031 OF 2003

IN THE MATTER OF DAISYTEK AUSTRALIA PTY LIMITED

(ACN 075 675 795) (ADMINISTRATORS APPOINTED)

AND

DAISYTEK AUSTRALIA (QUEENSLAND) PTY LIMITED

(ACN 097 222 163) (ADMINISTRATORS APPOINTED)

MARTIN RUSSELL BROWN AND

GREGORY WINFIELD HALL IN THEIR

CAPACITY AS THE JOINT ADMINISTRATORS OF

DAISYTEK AUSTRALIA PTY LIMITED

(ACN 075 675 795) (ADMINISTRATORS APPOINTED)

AND

DAISYTEK AUSTRALIA (QUEENSLAND) PTY LIMITED (ACN 097 222 163)

(ADMINISTRATORS APPOINTED)

PLAINTIFFS

JUDGE: LINDGREN J

DATE OF ORDER: 4 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth), the convening period for the meetings of creditors of Daisytek Australia Pty Limited and Daisytek Australia (Queensland) Pty Limited be extended up to and including Friday 4 July 2003. 2. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), the meetings of creditors of Daisytek Australia Pty Limited (Administrators Appointed) and of Daisytek Australia (Queensland) Pty Limited (Administrators Appointed) required by s 439A of that Act may be held at any time during the period composed of the convening period as extended by Order 1 above and the period of five business days thereafter, notwithstanding the provisions of s 439A(2) of the Corporations Act. 3. The costs and expenses of this application be costs and expenses of the administrators of Daisytek Australia Pty Limited (Administrators Appointed) and of Daisytek Australia (Queensland) Pty Limited (Administrators Appointed).