Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ex parte Vouris; in the matter of Marrickville Bowling & Recreation Club Ltd (under administration) [2008] FCA 622
CORPORATIONS –application by company administrators to permit creditors to adjourn second meeting to allow company members to vote on amalgamation – company solvent – adjournment said to be in best interests of creditors and members – application granted
Corporations Act 2001 (Cth) ss 439B(2), 447A
Re Double V Marketing Pty Ltd (in admin) (1995) 16 ACSR 498 referred to Re Porter and Another as joint administrators of Priceright Construction Pty Limited (2006) 57 ACSR 206 applied Re Taylor (1995) 16 ACSR 774 referred to EX PARTE JOHN VOURIS AND ROBERT WILLIAM WHITTON IN THEIR CAPACITY AS ADMINISTATORS OF MARRICKVILLE BOWLING & RECREATION CLUB LTD (ACN 001 037 029); IN THE MATTER OF MARRICKVILLE BOWLING & RECREATION CLUB LTD (ACN 001 037 029) (UNDER ADMINISTATION) NSD 600 OF 2008
JACOBSON J
30 APRIL 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 600 OF 2008
IN THE MATTER OF MARRICKVILLE BOWLING & RECREATION CLUB LTD (ACN 001 037 029) (UNDER ADMINISTRATION) BETWEEN: JOHN VOURIS AND ROBERT WILLIAM WHITTON IN THEIR CAPACITY AS ADMINISTRATORS OF MARRICKVILLE BOWLING & RECREATION CLUB LTD (ACN 001 037 029)
Applicants
JUDGE: JACOBSON J
DATE OF ORDER: 30 APRIL 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 447A of the Corporations Act, Part 5.3A of that Act is to operate in relation to Marrickville Bowling & Recreation Club Limited as if s 439B(2) omitted the words after "must not" and included instead of the omitted words the words "extend beyond 24 June 2008 despite the operation of regulation 5.6.18(2)." 2. Leave be granted to any person claiming to be interested, including any creditor of Marrickville Bowling & Recreation Club Limited, to make such application as he, she or it may be advised to vary these orders on 24 hours' notice to the plaintiffs and to the Court. 3. The costs of these proceedings be costs of the administration. 4. These orders may be entered forthwith.
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