Smith, in the matter of Claycon Pty Ltd (Administrator Appointed) [2011] FCA 652

FEDERAL COURT OF AUSTRALIA

Smith, in the matter of Claycon Pty Ltd (Administrator Appointed) [2011] FCA 652 Citation: Smith, in the matter of Claycon Pty Ltd (Administrator Appointed) [2011] FCA 652

Parties: MICHAEL JOHN MORRIS SMITH IN HIS CAPACITY AS ADMINISTRATOR OF CLAYCON PTY LTD (ADMINISTRATOR APPOINTED)

File number(s): NSD 839 of 2011

Judge: JAGOT J

Date of judgment: 6 June 2011

Catchwords: CORPORATIONS – application for extension of convening period for second meeting of creditors pursuant to s 439A(6) of the Corporations Act

Legislation: Corporations Act 2001 (Cth) s 439A

Cases cited: Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 Re Riviera Group Pty Ltd (2009) 72 ACSR 352; [2009] NSWSC 585

Date of hearing: 6 June 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 14

Solicitor for the Plaintiff: M Addison of Dibbs Barker Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 839 of 2011

MICHAEL JOHN MORRIS SMITH IN HIS CAPACITY AS ADMINISTRATOR OF CLAYCON PTY LTD (ADMINISTRATOR APPOINTED)

Plaintiff

JUDGE: JAGOT J DATE OF ORDER: 6 JUNE 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. This Originating Process be returnable instanter. 2. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) (the Act), the date of the convening period as defined by s 439A(5) of the Act for the second meeting of creditors of Claycon Pty Ltd (the Company) be extended from 8 June 2011 up to and including 5 September 2011. 3. Pursuant to s 439A(6) of the Act, Pt 5.3A of the Act is to operate in relation to the Company as if the meeting of creditors of the Company required by s 439A of the Act may be held at any time during the period comprising the convening period as extended by order 2 above and the period of five business days thereafter, notwithstanding the provisions of s 439A(2) of the Act. 4. The costs of the application be costs of the Administration of the Company. 5. The Applicant, in his capacity as Administrator of the Company, be entitled to indemnity pursuant to s 443D of the Act for his remuneration, costs, charges and expenses of and in relation to this application. 6. These orders be entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.