Aqa Oysters Limited, in the matter of Aqa Oysters Limited (Administrators Appointed) (Receivers and Managers Appointed) [2011] FCA 68

FEDERAL COURT OF AUSTRALIA

Aqa Oysters Limited, in the matter of Aqa Oysters Limited (Administrators Appointed) (Receivers and Managers Appointed) [2011] FCA 68 Citation: Aqa Oysters Limited, in the matter of Aqa Oysters Limited (Administrators Appointed) (Receivers and Managers Appointed) [2011] FCA 68

Parties: AQA OYSTERS LIMITED (ACN 120 978 172) (Administrators Appointed) (Receivers and Managers Appointed), GEORGE DIVITKOS and GREGORY RICHARD WIESE

File number: SAD 188 of 2010

Judge: BESANKO J

Date of judgment: 11 February 2011

Catchwords: CORPORATIONS — Application under s 439A(6) and s 447A of the Corporations Act 2001 (Cth) ('the Act') for extension of convening period for second creditors' meeting prescribed by s 439A(5) of the Act — where receivers and managers had been appointed — where no deed of company arrangement put forward — where one major creditor intending to propose deed of company arrangement — where convening period had been extended previously — where second extension would not be detrimental to interests of creditors — where administrator would recommend adjourning creditors' meeting if convening period not extended HELD: The convening period prescribed by s 439A(5) of the Act was extended for a further two months.

Legislation: Corporations Act 2001 (Cth) s 447A , s 439A Marine Farming Planning Act 1995 (Tas)

Cases cited: Re Riviera Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (2009) 72 ACSR 352, cited Re Diamond Press Australia Pty Ltd [2001] NSWSC 313, cited Sims, Re Destra Corporation Limited [2008] FCA 2002, cited Silvia, Re FEA Plantations Ltd (Administrators Appointed) [2010] FCA 468, cited