Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Owen, in the matter of Rivercity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden [2011] FCA 295 Citation: Owen, in the matter of Rivercity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden [2011] FCA 295
Parties: MICHAEL ANDREW OWEN, STEPHEN JAMES PARBERY AND CHRISTOPHER CLARKE HILL IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF RIVERCITY MOTORWAY PTY LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 116 665 304 (AND EACH OF THE COMPANIES LISTED IN THE ATTACHED SCHEDULE) v MARTIN MADDEN AND DAVID MERRYWEATHER (RECEIVERS AND MANAGERS)
File number: QUD 60 of 2011
Judge: LOGAN J
Date of judgment: 18 March 2011
Catchwords: CORPORATIONS – application by administrators to extend the convening period for the second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth) – whether Court satisfied that extending administration was in the best interests of creditors – where complex corporation group involving toll road infrastructure – where prospects of company to improve on acquisition of new assets – Court satisfied that extension of convening period necessary
Legislation: Corporations Act 2001 (Cth) ss 435A, 439A, 440C, 447A
Cases cited: Australian Securities & Investments Commission v Storm Financial Ltd (2009) 71 ACSR 81 considered Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 considered Re Riveria Group Pty Ltd (2009) 72 ACSR 352 considered
Date of hearing: 18 March 2011
Place: Brisbane
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