Holzman, in the matter of Frigrite Limited [2011] FCA 900

FEDERAL COURT OF AUSTRALIA

Holzman, in the matter of Frigrite Limited [2011] FCA 900 Citation: Holzman, in the matter of Frigrite Limited [2011] FCA 900

Parties: MANFRED HOLZMAN (IN HIS CAPACITY AS VOLUNTARY ADMINISTRATOR OF FRIGRITE LIMITED (ADMINISTRATOR APPOINTED) ACN 112 452 436) and FRIGRITE LIMITED (ADMINISTRATOR APPOINTED) ACN 112 452 436

File number(s): NSD 1109 of 2011

Judge: EMMETT J

Date of judgment: 8 July 2011

Date of hearing: 8 July 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 7

Counsel for the plaintiffs: J M White

Solicitor for the plaintiffs: Kemp Strang

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1109 of 2011

IN THE MATTER OF FRIGRITE LIMITED (ADMINISTRATOR APPOINTED) ACN 112 452 436 MANFRED HOLZMAN (IN HIS CAPACITY AS VOLUNTARY ADMINISTRATOR OF FRIGRITE LIMITED (ADMINISTRATOR APPOINTED) ACN 112 452 436)

First Plaintiff

FRIGRITE LIMITED (ADMINISTRATOR APPOINTED) ACN 112 452 436

Second Plaintiff

JUDGE: EMMETT J DATE OF ORDER: 8 JULY 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 439A(6) of the Corporations Act 2001 (Cth) (the Act), the period within which the first plaintiff must convene the meeting of creditors of the second plaintiff pursuant to section 439A of the Act be extended up to and including 3 August 2011. 2. Pursuant to section 447A(1) of the Act, Part 5.3A of the Act have effect in relation to the second plaintiff such that the meeting of creditors that is required by section 439A of the Act may be held at any time during the period up to or within 5 business days after 3 August 2011, notwithstanding the provisions of section 439(2) of the Act. 3. Liberty be granted to the first plaintiff to apply to the Court for any further extensions of the convening period referred to in Order 1 at any time prior to 3 August 2011. 4. Liberty to apply be granted to any person who can demonstrate sufficient interest to modify or discharge these Orders, upon 48 hours' notice being given to the first plaintiff and to the Court. 5. The costs and expenses of this application be costs and expenses of the administration of the Second Plaintiff. 6. Confidential Exhibit "MH-1" to the affidavit of Mr Manfred Holzman sworn on 8 July 2011 be kept in the Court file in this proceeding in a sealed envelope marked "Confidential – Not to be opened by any person without further order of a Judge of this Court" and giving the first plaintiff, care of his solicitor, Kemp Strang, at least 48 hours' prior notice of any application seeking an order, or alternatively, the exhibits returned. 7. The proceeding be listed before the Corporations Judge for directions on 26 August 2011. 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.