Re Regency South Steyne Investments Pty Ltd [2004] FCA 803

FEDERAL COURT OF AUSTRALIA

Re Regency South Steyne Investments Pty Ltd [2004] FCA 803 IN THE MATTER OF REGENCY SOUTH STEYNE INVESTMENTS PTY LTD (ADMINISTRATORS APPOINTED) ACN 100 308 469, FLINDERS HOTEL INVESTMENTS PTY LIMITED (RECEIVER AND MANAGER APPOINTED)(ADMINISTRATORS APPOINTED) ACN 099 499 993, SUGARLOAF CRESCENT PROPERTIES PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 100 205 178, RFS DEVELOPMENTS PTY GROUP NO 12 PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 100 135 902, GEOFFREY DAVID McDONALD AND ROBERT WILLIAM JOSEPH ELLIOTT, TAKANZA PTY LTD (ADMINISTRATORS APPOINTED) ACN 086 388 758 AND RFS DEVELOPMENT GROUP NO 8 PTY LTD (ADMINISTRATORS APPOINTED) ACN 089 546 707 N 3075 OF 2003 JACOBSON J 4 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3075 of 2003

REGENCY SOUTH STEYNE INVESTMENTS PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 108 308 469

FIRST PLAINTIFF

FLINDERS HOTEL INVESTMENTS PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 099 499 993

SECOND PLAINTIFF

SUGARLOAF CRESCENT PROPERTIES PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 100 205 178

THIRD PLAINTIFF

RFS DEVELOPMENTS GROUP NO 12 PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 100 135 902

FOURTH PLAINTIFF

GEOFFREY DAVID McDONALD AND ROBERT WILLIAM JOSEPH ELLIOTT

FIFTH PLAINTIFF

TAKANZA PTY LTD (ADMINISTRATORS APPOINTED) ACN 086 388 758

SIXTH PLAINTIFF

RFS DEVELOPMENT GROUP No 8 PTY LTD (ADMINISTRATORS APPOINTED) ACN 089 546 707

SEVENTH PLAINTIFF

JUDGE: JACOBSON J

DATE OF ORDER: 4 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to file a Notice of Motion dated today in Court returnable forthwith. 2. Takanza Pty Ltd (Administrators Appointed) ACN 086 388 758 and RFS Development Group No 8 Pty Ltd (Administrators Appointed) ACN 089 546 707 be joined as the Sixth and Seventh Plaintiffs respectively to these proceedings. 3. Pursuant to s 447A of the Corporations Act 2001 (Cth) that in the administration of the First, Second, Third, Fourth, Sixth and Seventh plaintiffs, the time provided for in s 439B(2) of the Corporations Act 2001 for the holding of the adjourned meeting of creditors fixed for 15 March 2004, be extended up to 18 May 2004, subject to a resolution of the creditors of each of the First, Second, Third, Fourth, Sixth and Seventh Plaintiffs being passed on 15 March 2004 agreeing to the holding of the adjourned meeting being extended up to 18 May 2004. 4. Leave be reserved to any person claiming to be interested, including the Australian Securities and Investments Commission and any creditor of the First, Second, Third, Fourth, Sixth and Seventh plaintiffs to make such an application as he, she or it may be advised to vary these orders on 48 hours notice to the administrators. 5. The costs of this application be an expense of the administration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.