Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Algeri, in the matter of Brown Sugar Australia Pty Ltd (administrators appointed) [2011] FCA 1011 Citation: Algeri, in the matter of Brown Sugar Australia Pty Ltd (administrators appointed) [2011] FCA 1011
Parties: SALVATORE ALGERI AND TIMOTHY BRYCE NORMAN (IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF BROWN SUGAR AUSTRALIA PTY LTD (ADMINISTRATORS APPOINTED) (ABN 75 071 592 320)
File number: VID 919 of 2011
Judge: GORDON J
Date of judgment: 30 August 2011
Date of hearing: 30 August 2011
Date of last submissions: 30 August 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 15
Counsel for the Applicant: Mr R Strong
Solicitor for the Applicant: Mallesons Stephen Jaques
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 919 of 2011
IN THE MATTER OF BROWN SUGAR AUSTRALIA (ADMINISTRATORS APPOINTED) (ABN 75 071 592 320) SALVATORE ALGERI AND TIMOTHY BRYCE NORMAN (IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF BROWN SUGAR AUSTRALIA PTY LTD (ADMINISTRATORS APPOINTED) (ABN 75 071 592 320)
Applicants
JUDGE: GORDON J DATE OF ORDER: 30 AUGUST 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The convening period for the second meeting of creditors of Brown Sugar Australia Pty Ltd (Administrators Appointed) ABN 75 071 592 320 (the Company) is extended to 16 December 2011. 2. Pursuant to s 447(1)(a) of the Corporations Act 2001 (Cth) (the Act), Pt 5.3A of the Act is to operate in relation to the Company as if s 439A(2) of the Act provided that the meeting of creditors of the Company required by s 439A(1) of the Act may be held at any time during, or within five (5) business days after the end of, the convening period. 3. The applicants have liberty to apply by interlocutory process in this proceeding for any purpose connected with the administration of the Company including but not limited to seeking a further extension of the convening period prior to 16 December 2011. 4. Any person having a sufficient interest may apply to the Court to vary Orders 1 or 2 above. 5. The applicants inform the Company's creditors of the orders made pursuant to this application by making the orders available on the "Brown Sugar" section of the website maintained by the applicants' firm Deloitte Touche Tohmatsu at the URL (http://www.deloitte.com/view/en_AU/au/services/corporatereorganisation/businessesunderadmin/brownsugar/index.htm) within three (3) days after the making of these orders. 6. The costs of and incidental to this application be costs and expenses in the administration of and be paid out of the assets of the Company. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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