In the matter of Pan Pharmaceuticals Limited [2003] FCA 598

FEDERAL COURT OF AUSTRALIA

In the matter of Pan Pharmaceuticals Limited [2003] FCA 598

CORPORATIONS – application by administrators of companies in voluntary administration for 75-day extension of time under s 439A of Corporations Act 2001 (Cth) for convening of meeting of creditors required by that section – director/contributory, pursuant to leave to appear, makes submissions in opposition to the grant of extension – exercise of discretion – whether it should be left to creditors at meeting held in accordance with timetable laid down in s 439A whether to give administrators more time and to adjourn meeting accordingly.

Corporations Act 2001 (Cth) s 439A

Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 cited Re Echuca Insured Housing Loans Pty Ltd (Administrator Appointed) v Lumsden, unreported, Supreme Court of Victoria, Harper J, 4 February 1994 cited Re Tracker Software (Australia) Pty Ltd (Administrator Appointed) (1997) 24 ACSR 92 cited IN THE MATTER OF PAN PHARMACEUTICALS LIMITED N 3033 OF 2003 LINDGREN J 6 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3033 OF 2003

IN THE MATTER OF PAN PHARMACEUTICALS LIMITED (ADMINISTRATORS APPOINTED) (ACN 091 032 914)

AND

PAN PHARMACEUTICALS EXPORT PTY LIMITED (ADMINISTRATORS APPOINTED) (ACN 100 897 514)

AND

PAN LABORATORIES (AUSTRALIA) PTY LIMITED (ADMINISTRATORS APPOINTED) (ACN 003 763 308)

AND

PAN PHARMACEUTICALS SERVICES PTY LIMITED (ADMINISTRATORS APPOINTED) (ACN 095 628 943)

AND

PAN PHARMACEUTICALS TECHNOLOGIES PTY LIMITED (ADMINISTRATORS APPOINTED) (ACN 104 129 188)

ANTHONY GREGORY McGRATH AND CHRISTOPHER JOHN HONEY IN THEIR CAPACITY AS THE JOINT ADMINISTRATORS OF PAN PHARMACEUTICALS LIMITED (ADMINISTRATORS APPOINTED) (ACN 091 032 914)

AND

PAN PHARMACEUTICALS EXPORT PTY LIMITED (ADMINISTRATORS APPOINTED) (ACN 100 897 514)