In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) [2005] FCA 316

FEDERAL COURT OF AUSTRALIA In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) [2005] FCA 316 Corporations Act 2001 (Cth) s 439A, 447A Bernsteen Pty Ltd v Newmore Pty Ltd (1995) 13 ACLC 1608 cited Re Daisytek Australia Pty Ltd [2003] FCA 575 cited Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 applied IN THE MATTER OF HENRY WALKER ELTIN GROUP LTD (ADMINISTRATORS APPOINTED) NSD 224 OF 2005 HELY J 16 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 224 OF 2005

BETWEEN: ANTHONY GREGORY McGRATH

FIRST PLAINTIFF

SCOTT BRADLEY KERSHAW

SECOND PLAINTIFF

JOSEPH DAVID HAYES

THIRD PLAINTIFF

SHAUN ROBERT FRASER

FOURTH PLAINTIFF

HENRY WALKER ELTIN GROUP LTD

FIFTH PLAINTIFF

JUDGE: HELY J

DATE OF ORDER: 16 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 439(6) of the Corporations Act 2001 (Cth), the period within which the administrators of Henry Walker Eltin Group Limited (Administrators Appointed) and of each of the 25 other companies set out in the Schedule hereto must convene meetings of creditors under s 439A of the Corporations Act 2001 (Cth) is extended up to and including 23 May2005. 2. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), the meetings of the creditors of Henry Walker Eltin Group Limited (Administrators Appointed) and each of the 25 other companies set out in the Schedule hereto required by s 439A of that Act may be held at any time during, or within 5 business days after the end of, the convening period, as extended by Order 1 above notwithstanding the provisions of s 439A(2) of the Corporations Act 2001 (Cth). 3. Liberty be granted to the plaintiffs to apply for any further extensions of the convening period referred to in Order 1 at any time prior to 23 May 2005. 4. The costs and expenses of this application be costs and expenses of the administration of Henry Walker Eltin Group Limited (Administrators Appointed) and the 25 other companies set out in the Schedule hereto. 5. Liberty to apply be granted to any person who can demonstrate sufficient interest to modify or discharge the orders on appropriate notice to the plaintiffs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.