Sims, in the matter of Huon Corporation Pty Ltd (Administrators appointed) [2006] FCA 958

FEDERAL COURT OF AUSTRALIA

Sims, in the matter of Huon Corporation Pty Ltd (Administrators appointed) [2006] FCA 958

CORPORATIONS – voluntary administration – application for extension of time for convening and holding of second meeting of creditors – application for order permitting committee of creditors to fix remuneration of voluntary administrators – proper plaintiffs – large and complex administration – Held: the administrators proper plaintiffs in both respects – discretion exercised to make both orders sought.

Corporations Act 2001 (Cth) ss 439A, 447A, 449E

Re Daisytek Australia Pty Ltd (administrators appointed) (2003) 45 ACSR 446 cited

IN THE MATTER OF HUON CORPORATION PTY LIMITED

(ADMINISTRATORS APPOINTED) ACN 115 243 206

ANTHONY MILTON SIMS, SCOTT DARREN PASCOE AND

KENNETH STEWART SELLERS (Administrators) NSD 1376 OF 2006 LINDGREN J 20 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1376 OF 2006

IN THE MATTER OF HUON CORPORATION PTY LIMITED

(ADMINISTRATORS APPOINTED) ACN 115 243 206

ANTHONY MILTON SIMS

SCOTT DARREN PASCOE

KENNETH STEWART SELLERS

Plaintiffs

JUDGE: LINDGREN J

DATE OF ORDER: 20 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The plaintiffs have leave to file in Court the originating process dated 19 July 2006 ("the Originating Process") and the affidavit of Scott Darren Pascoe sworn 19 July 2006.

2. The Originating Process be returnable instanter.

3. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) ("the Act"), the convening period defined in s 439A(5)(b) of the Act in respect of Huon Corporation Pty Limited (Administrators Appointed) ACN 115 243 206 ("the Company") be extended by 90 days, and if the 90th day should be a Saturday, Sunday or Public Holiday, to the next business day after the 90th day.