In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) [2005] FCA 984

FEDERAL COURT OF AUSTRALIA In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) [2005] FCA 984 Corporations Act 2001 (Cth) s 439A, 447A Australasian Memory Pty Ltd v Brien (2000) 200 CLR 27 applied Bernsteen Pty Ltd v Newmore Pty Ltd (1995) 13 ACLC 1608 cited Re Enviro Star Energy Limited [2002] NSWSC 1246 cited Re Ricon Constructions Pty Ltd (in Liq); Ex Parte McDonald 43 NSWLR 174 applied Re Western National Earthmoving Corporation Pty Limited (1997) 141 FLR 121 cited Watson v Uniframes Ltd & Trumbull (1994) 55 FCR 556 cited IN THE MATTER OF HENRY WALKER ELTIN GROUP LTD (ADMINISTRATORS APPOINTED) NSD 224 OF 2005 HELY J 6 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 224 OF 2005

BETWEEN: Anthony Gregory McGrath, Scott Bradley Kershaw, Joseph David Hayes & Shaun Robert Fraser (in their capacity as voluntary Administrators of Henry Walker Eltin Group Limited (Administrators Appointed) (ACN 007 710 483) & the Companies listed in Schedule 1 to the Application)

PLAINTIFFS

JUDGE: HELY J

DATE OF ORDER: 6 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth) ('the Act'), 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 to this application must convene meetings of creditors under s 439A of the Act be further extended up to and including 5 July 2005. 2. Pursuant to s 447A(1) of the Act 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 to this application required by s 439A of the 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 Act. 3. Liberty be granted to the plaintiffs to apply to the Court for any further extensions of the convening period referred to in order 1 at any time prior to 5 July 2005. 4. Liberty to apply be granted to any person who can demonstrate sufficient interest to modify or discharge these orders upon appropriate notice being given to the plaintiffs. 5. 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 Schedule 1 hereto. 6. The exhibits to the affidavit of Joseph David Hayes sworn 5 May 2005 be returned. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.