Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the matter of LMP Developments Pty Ltd and ZLM Property Holdings Pty Ltd [2008] FCA 1109
CORPORATIONS – administrator overlooks date to which second meeting of creditors adjourned, and therefore omits to give notice reminding or advising creditors of the adjourned date – neither administrator nor any creditor attends on the adjourned date – second meeting of creditors therefore ended without any resolution of creditors being passed. Held: (1) order made under s 447A of Corporations Act 2001 (Cth) having effect that administration did not end; (2) order made under s 439A(6) of Act extending convening period so that administrator could convene a fresh second meeting of creditors. Corporations Act 2001 (Cth) ss 435C, 439A, 439C, 447A
Re Greg Sewell Forgings Pty Ltd (1995) 17 ACSR 602 followed Re Madden (1996) 20 ACSR 10 followed RODERICK MACKAY SUTHERLAND AS ADMINISTRATOR OF LMP DEVELOPMENTS PTY LIMITED (ACN 104 198 209) and RODERICK MACKAY SUTHERLAND AS ADMINISTRATOR OF ZLM PROPERTY HOLDINGS PTY LIMITED (ACN 107 778 656)
NSD 1118 of 2008
LINDGREN J
29 JULY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1118 of 2008
IN THE MATTER OF LMP DEVELOPMENTS PTY LIMITED (ACN 104 198 209) and ZLM PROPERTY HOLDINGS PTY LIMITED (ACN 107 778 656) BETWEEN: RODERICK MACKAY SUTHERLAND AS ADMINISTRATOR OF LMP DEVELOPMENTS PTY LIMITED (ACN 104 198 209)
First Plaintiff
RODERICK MACKAY SUTHERLAND AS ADMINISTRATOR OF ZLM PROPERTY HOLDINGS PTY LIMITED (ACN 107 778 656)
Second Plaintiff
JUDGE: LINDGREN J DATE OF ORDER: 22 JULY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Grants leave to the plaintiffs to file the Originating Process in these proceedings in Court. 2. Notes the undertaking of the plaintiffs' solicitor to pay the filing fee in the Registry. 3. Directs that the Originating Process be returnable instanter. 4. Orders pursuant to s 447A of the Corporations Act 2001 (Cth) (the Act), that Part 5.3A of the Act is to operate in relation to LMP Developments Pty Limited (ACN 104 198 209) (LMP) as if the following words were added to paragraph (e) of s 435C(3) of the Act:
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