Sims, in the matter of Destra Corporation Limited [2008] FCA 2002

FEDERAL COURT OF AUSTRALIA

Sims, in the matter of Destra Corporation Limited [2008] FCA 2002

ANTHONY MILTON SIMS AND ORS IN THEIR CAPACITY AS ADMINISTRATORS OF DESTRA CORPORATION LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) AND ORS, IN THE MATTER OF DESTRA CORPORATION LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) AND ORS

NSD 1867 of 2008

EMMETT J

3 DECEMBER 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1867 of 2008

IN THE MATTER OF DESTRA CORPORATION LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) AND THE COMPANIES LISTED IN SCHEDULE "A", ANTHONY MILTON SIMS AND ANDREW LESLIE SMITH AND GRANT DEDE SPARKS IN THEIR CAPACITY AS ADMINISTRATORS OF DESTRA CORPORATION LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) AND THE COMPANIES LISTED IN SCHEDULE "A"

First Plaintiffs

DESTRA CORPORATION LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) AND THE COMPANIES LISTED IN SCHEDULE "A"

Second Plaintiffs

JUDGE: EMMETT J

DATE OF ORDER: 3 DECEMBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) (the Act), the period within which the First Plaintiffs must convene the second meeting of creditors of each of the Second Plaintiffs under s 439A of the Act be extended up to and including 12 February 2009. 2. Pursuant to s 447A(1) of the Act, the second meeting of creditors of each of the Second Plaintiffs required by s 439A of the Act may be held at any time during, or within five 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 12 February 2009. 4. Pursuant to s 447A(1) of the Act, Part 5.3A of the Act is to operate in relation to each of the Second Plaintiffs such that notice of the second meeting of creditors convened pursuant to s 439A (the Notice) and the documents required to be sent to creditors pursuant to s 439A(4) of the Act (the Report) will be validly given to any known creditors by: (a) sending the Notice and the Report to the personal electronic addresses of each creditor who has requested that the administrators communicate with them by electronic means;