Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Morgan, in the matter of Can Can Lingerie Group Pty Limited (Administrators Appointed) ACN 001 263 994 [2005] FCA 633
CORPORATIONS – administration – application for extension of period for administrator to convene meeting granted Corporations Act 2001 (Cth), s 439A(6), s 447A Re Henry Walker Eltin Group Limited (Administrators Appointed) [2005] FCA 316, cited Re Diamond Press Australia Pty Ltd [2001] NSWSC 313, cited
IN THE MATTER OF CAN CAN LINGERIE GROUP PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 001 263 994
JOHN MAXWELL MORGAN AND DAVID JOSEPH LEVI (IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF CAN CAN LINGERIE GROUP PTY LIMITED (ADMINISTRATORS APPOINTED)) ACN 001 263 994 NSD 699 OF 2005 GYLES J 6 MAY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 699 OF 2005
IN THE MATTER OF CAN CAN LINGERIE GROUP PTY LIMITED (ADMINISTRATORS APPOINTED) ACN 001 263 994
BETWEEN: JOHN MAXWELL MORGAN AND DAVID JOSEPH LEVI (IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF CAN CAN LINGERIE GROUP PTY LIMITED (ADMINISTRATORS APPOINTED)) ACN 001 263 994
APPLICANTS
JUDGE: GYLES J
DATE OF ORDER: 6 MAY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave be granted to the Applicant to make the application before Gyles J instanter.
2. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth), the period within which the Administrators of Can Can Lingerie Group Pty Ltd (Administrators Appointed) must convene a meeting of creditors under s 439A of the Corporations Act 2001 (Cth) is extended up to and including 8 July 2005.
3. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), the meeting of the creditors of Can Can Lingerie Group Pty Limited (Administrators Appointed) required by s 439A of that Act may be held at any time during, or within five business days after the end of, the convening period, as extended by Order 2 above notwithstanding the provisions of s 439A(2) of the Corporations Act 2001 (Cth).
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