Morgan, in the matter of the Yourhealth Companies [2007] FCA 129

FEDERAL COURT OF AUSTRALIA

Morgan, in the matter of the Yourhealth Companies [2007] FCA 129

CORPORATIONS – voluntary administration – extension of time for convening of meeting of creditors under Corporations Act 2001 (Cth) s 439A(6) – whether period of 21 days 'beginning on' day when administration begins counts that day as the first of the 21 days – Held: yes. TIME – calculation – period 'beginning on' a particular day – whether period calculated so as to include that day 'on' which the period begins – Held: yes. Corporations Act 2001 (Cth) s 439A

Darwin Broadcasters Pty Ltd v Australian Broadcasting Tribunal (1990) 21 FCR 524 followed Watson v Uniframes Limited (1994) 55 FCR 556 followed Re Madden (1996) 131 FLR 430 followed JOHN MAXWELL MORGAN in his capacity as Administrator of: YOURHEALTH GROUP PTY LIMITED (ACN 094 058 250) YOURHEALTH MANLY PTY LIMITED (ACN 097 253 908) YOURHEALTH EDGECLIFF PTY LIMITED (ACN 099 474 067) YOURHEALTH CAMBERWELL PTY LIMITED (ACN 101 519 877) YOURHEALTH CARINA PTY LIMITED (ACN 101 676 402) NSD 167 of 2007

lindgren j

7 february 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 167 OF 2007

IN THE MATTER OF THE YOURHEALTH COMPANIES JOHN MAXWELL MORGAN in his capacity as Administrator of: YOURHEALTH GROUP PTY LIMITED (ACN 094 058 250) YOURHEALTH MANLY PTY LIMITED (ACN 097 253 908) YOURHEALTH EDGECLIFF PTY LIMITED (ACN 099 474 067) YOURHEALTH CAMBERWELL PTY LIMITED (ACN 101 519 877) YOURHEALTH CARINA PTY LIMITED (ACN 101 676 402) JUDGE: LINDGREN J DATE OF ORDER: 7 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The plaintiff has leave to file in Court an Originating Process of 7 February 2007 and the affidavit of John Maxwell Morgan sworn 6 February 2007. 2. The originating process be made returnable instanter. 3. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) the convening period for the meeting of the creditors of the following companies: (a) Yourhealth Group Pty Limited (Administrator Appointed) ACN 094 058 250; (b) Yourhealth Manly Pty Limited (Administrator Appointed) ACN 097 253 908; (c) Yourhealth Camberwell Pty Limited (Administrator Appointed) ACN 101 519 877; (d) Yourhealth Carina Pty Limited (Administrator Appointed) ACN 101 676 402; and (e) Yourhealth Edgecliff Pty Limited (Administrator Appointed) ACN 099 474 067, (the Yourhealth Companies), under section 439A of the Corporations Act 2001 (Cth), is extended to 21 March 2007. 4. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth) Pt 5.3A of the Corporations Act 2001 (Cth) is to operate in relation to the Yourhealth Companies so that, not withstanding s 439A(2) of the Corporations Act 2001(Cth), the meeting of the creditors of the Yourhealth Companies under s 439A of the Corporations Act 2001 (Cth) may be held at any time before the end of the convening period as extended by the immediately preceding order, provided that the plaintiff is to give notice of the meeting in accordance with s 439A(3) of the Corporations Act 2001 (Cth) at least five business days before the meeting. 5. The plaintiff give notice of these orders to the Yourhealth Companies' creditors by means of a circular to be posted to the Yourhealth Companies' creditors by ordinary post by no later than 7 February 2007. 6. Any creditor of the Yourhealth Companies, or other interested person, have liberty to apply to vary these orders upon 48 hours' written notice to the plaintiff. 7. The plaintiff's costs of the application are costs in the administration of the Yourhealth Companies and are to be paid out of the assets of the Yourhealth Companies.