Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lombe, in the matter of Babcock & Brown Limited (Administrators Appointed) [2009] FCA 349
CORPORATIONS – application to extend convening period of the second meeting of creditors – four month extension sought – application involved different considerations than those which arise in the ordinary course – particularly complex administration due to size of company and relationship with other companies in corporate group – substantial inquiries required on the part of the administrators, including legal advice – ordinary parties affected by statutory moratorium, such as employees, lessors or secured creditors, not involved in the administration – creditors informed of intention of administrators to seek to extend convening period and no objections voiced – application included an order permitting the meeting to be held before the end of the extended convening period – application granted Corporations Act 2001 (Cth), ss 439, 447A Re AFG Insurances Ltd [2002] NSWCA 803 followed Re Brash Holdings Ltd (1994) 13 ACSR 793 referred to Re Daisytek Australia Pty Ltd (2003) 45 ACSR 446 followed Re Diamond Press Australia Pty Limited [2001] NSWSC 313 followed Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 referred to Mentha, in the matter of Hans Continental Small Goods Pty Ltd (Administrators Appointed) [2008] FCA 1933 referred to Pan Pharmaceuticals Ltd (2003) 46 ACSR 77 referred to
DAVID JOHN FRANK LOMBE AND SIMON JOHN CATHRO IN THEIR CAPACITY AS ADMINISTRATORS OF BABCOCK & BROWN LIMITED (ACN 108 614 955) (ADMINISTRATORS APPOINTED) and BABCOCK & BROWN LIMITED (ACN 108 614 955) (ADMINISTRATORS APPOINTED)
NSD 293 of 2009
JACOBSON J
8 APRIL 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 293 of 2009
BETWEEN: DAVID JOHN FRANK LOMBE AND SIMON JOHN CATHRO IN THEIR CAPACITY AS ADMINISTRATORS OF BABCOCK & BROWN LIMITED (ACN 108 614 955) (ADMINISTRATORS APPOINTED)
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