Askernish Pty Ltd [2004] FCA 400

FEDERAL COURT OF AUSTRALIA Askernish Pty Ltd [2004] FCA 400 CORPORATIONS – voluntary administration – application for an order extending time to reconvene adjourned second meeting of creditors – whether the court has power to extend time – factors in exercise of discretion – liberty to apply granted. Corporations Act 2001 (Cth), ss 421(2), 436E, 439A, 439B(2), 447A and 1322(4) Cawthorn v Keira Constructions Pty Ltd (1994) 13 ACSR 337 cited Mann v Abruzzi Sports Club Ltd (1994) 12 ACLC 137 cited Milankov Nominees Pty Ltd v Roycol Ltd (1994) 52 FCR 378 cited Re Double V Marketing Pty Ltd (in administration) (1995) 16 ACSR 498 cited Re Locm Pty Ltd (1997) 79 FCR 35 cited Re Old Papa's Holdings Ltd; Ex parte Wallman (2001) 24 WAR 229 cited Re Regency South Steyne Investments Pty Ltd [2003] FCA 1546 cited IN THE MATTER OF ASKERNISH PTY LTD (administrator appointed) (receiver and manager appointed) (ACN 008 806 773) W34 OF 2004 LEE J 13 FEBRUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W34 OF 2004

IN THE MATTER OF ASKERNISH PTY LTD (administrator appointed) (receiver and manager appointed)

(ACN 008 806 773)

ANTHONY MICHAEL TRAVERS

PLAINTIFF

JUDGE: LEE J

DATE OF ORDER: 13 FEBRUARY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The time within which the plaintiff may reconvene the adjourned meeting of creditors of Askernish Pty Ltd (administrator appointed) (receiver and manager appointed) (ACN 008 806 773) ("the company") be extended to 22 April 2004. 2. Leave be reserved to any person claiming to be interested (including the Australian Securities Investment Commission, any creditor, or the receiver and manager) to vary these orders on 48 hours notice to the plaintiff. 3. The plaintiff's costs of the application be costs in the administration of the company. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.