National Investment Institute Pty Ltd (Administrator Appointed); (ACN 098 189 863); Kaye v National Investment Institute Pty Ltd [2004] FCA 100

FEDERAL COURT OF AUSTRALIA

National Investment Institute Pty Ltd (Administrator Appointed) (ACN 098 189 863); Kaye v National Investment Institute Pty Ltd [2004] FCA 100 CORPORATIONS – administration – proposed deed of company arrangement – application for order to extend the period, fixed by s 439B(2) of the Corporations Act 2001 (Cth) ("the Act"), within which to hold meeting of creditors – where application brought by the proposer of the deed of company arrangement – whether grounds sufficient to warrant exercise of power under s 447A or s 1322(4)(d) of the Act by the Court. Corporations Act 2001: ss 439B(2) and 447A Pt 5.3A Cawthorn v Keira Constructions Pty Ltd (1994) 33 NSWLR 607, referred to Re LOCM Pty Ltd (Administrators Appointed) (1997) 79 FCR 35, followed Re Taylor (1995) 16 ACSR 774, followed

IN THE MATTER OF NATIONAL INVESTMENT INSTITUTE PTY LTD (ADMINISTRATOR APPOINTED) (ACN 098 189 863)

HENRY KAYE v NATIONAL INVESTMENT INSTITUTE PTY LTD (ADMINISTRATOR APPOINTED) (ACN 098 189 863) & ANOR V 128 of 2004 GOLDBERG J 16 FEBRUARY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 128 of 2004

IN THE MATTER OF NATIONAL INVESTMENT INSTITUTE PTY LTD

(ADMINISTRATOR APPOINTED) (ACN 098 189 863)

BETWEEN: HENRY KAYE

Plaintiff

AND: NATIONAL INVESTMENT INSTITUTE PTY LTD (ADMINISTRATOR APPOINTED)

(ACN 098 189 863)

First Defendant

ANDREW STEWARD REED HEWITT (in his capacity as administrator of NATIONAL INVESTMENT INSTITUTE PTY LTD (ADMINISTRATOR APPOINTED)

(ACN 098 189 863)

Second Defendant

JUDGE: GOLDBERG J

DATE OF ORDER: 16 FEBRUARY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules