Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Duncan, in the matter of Megafert Pty Ltd (Administrators Appointed) [2011] FCA 785 Citation: Duncan, in the matter of Megafert Pty Ltd (Administrators Appointed) [2011] FCA 785
Parties: STEPHEN JAMES DUNCAN AND CHRISTOPHER ROBERT POWELL IN THEIR CAPACITY AS ADMINISTRATORS OF MEGAFERT PTY LTD (ADMINISTRATORS APPOINTED) and STEPHEN JAMES DUNCAN AND CHRISTOPHER ROBERT POWELL IN THEIR CAPACITY AS ADMINISTRATORS OF INTERFERT PTY LTD (ADMINISTRATORS APPOINTED)
File number: SAD 137 of 2011
Judge: BESANKO J
Date of judgment: 15 July 2011
Date of hearing: 9 June 2011
Place: Adelaide
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 18
Counsel for the Plaintiffs: Mr P Leech
Solicitor for the Plaintiffs: Cowell Clarke
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 137 of 2011
In the matter of Megafert Pty LtD (Administrators Appointed) and Interfert Pty Ltd (Administrators Appointed) BETWEEN: STEPHEN JAMES DUNCAN AND CHRISTOPHER ROBERT POWELL IN THEIR CAPACITY AS ADMINISTRATORS OF MEGAFERT PTY LTD (ADMINISTRATORS APPOINTED)
First Plaintiff
STEPHEN JAMES DUNCAN AND CHRISTOPHER ROBERT POWELL IN THEIR CAPACITY AS ADMINISTRATORS OF INTERFERT PTY LTD (ADMINISTRATORS APPOINTED)
Second Plaintiff
JUDGE: BESANKO J DATE OF ORDER: 9 June 2011 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. Pursuant to s 439A(6) of the Corporations Act 2001 ("Act") the period within which the administrators of Megafert Pty Ltd (Administrators Appointed) must convene a meeting of creditors under s 439A of the Act is extended up to and including 20 September 2011. 2. Pursuant to s 439A(6) of the Act the period within which the administrators of Interfert Australia Pty Ltd (Administrators Appointed) must convene a meeting of creditors under s 439A of the Act is extended up to and including 20 September 2011. 3. Pursuant to s 447A(1) of the Act, the meeting of the creditors of Megafert Pty Ltd (Administrators Appointed), required by s 439A of the Act, may be held at any time during, or within 5 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. 4. Pursuant to s 447A(1) of the Act, the meeting of the creditors of Interfert Australia Pty Ltd (Administrators Appointed), required by s 439A of the Act, may be held at any time during, or within 5 business days after the end of, the convening period as extended by Order 2 above, notwithstanding the provisions of s 439A(2) of the Act. 5. Liberty to apply is granted to any person who can demonstrate sufficient interest, to modify or discharge these orders upon appropriate notice being given to the Applicants. 6. The costs and expenses of this application be costs and expenses of the administration of Megafert Pty Ltd (Administrators Appointed) and Interfert Australia Pty Ltd (Administrators Appointed). 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.
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