Re Regency South Steyne Investments Pty Ltd [2003] FCA 1546

FEDERAL COURT OF AUSTRALIA

Re Regency South Steyne Investments Pty Ltd [2003] FCA 1546 CORPORATIONS – leave granted to extend term of voluntary administration – liberty to apply additionally granted.

Corporations Act 2001 ('Cth') s 447A

Re Double V Marketing Pty Ltd (in administration) (1995) 16 ACSR 498 Re Locum Pty Ltd (1997) 15 ACLC 1576 Dean-Willcocks & Anor v Powerline Ges Pty Ltd (2002) 40 ACSR 516 IN THE MATTER OF REGENCY SOUTH STEYNE INVESTMENTS PTY LTD, FLINDERS HOTEL INVESTMENTS PTY LIMITED, SUGARLOAF CRESCENT PROPERTIES PTY LIMITED, RFS DEVELOPMENTS PTY GROUP NO 12 PTY LIMITED AND GEOFFREY DAVID McDONALD AND ROBERT WILLIAM JOSEPH ELLIOTT N 3075 OF 2003 CONTI J 18 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3075 OF 2003

REGENCY SOUTH STEYNE INVESTMENTS PTY LIMITED

FIRST APPLICANT

FLINDERS HOTEL INVESTMENTS PTY LIMITED

SECOND APPLICANT

SUGARLOAF CRESCENT PROPERTIES PTY LIMITED

THIRD APPLICANT

RFS DEVELOPMENTS GROUP NO 12 PTY LIMITED

FOURTH APPLICANT

GEOFFREY DAVID McDONALD AND ROBERT WILLIAM JOSEPH ELLIOTT

FIFTH APPLICANTS JUDGE: CONTI J

DATE OF ORDER: 18 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to file the originating process in Court. 2. The originating process be returnable instanter. 3. Pursuant to s 447A of the Corporations Act that in the administration of the first, second, third and fourth applicants, the time provided for in s 439B(2) for the holding of the adjourned meeting of creditors fixed for 19 December 2003 be extended for 90 days subject to a resolution of the creditors being passed on 19 December 2003. 1. Leave be reserved to any person claiming to be interested, including the Australian Securities & Investments Commission and any creditor of the first, second, third and fourth applicants to make such an application as he, she or it may be advised to vary these orders on 48 hours' notice to the administrators.