Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carson, in the matter of Hastie Group Limited [2012] FCA 626 Citation: Carson, in the matter of Hastie Group Limited [2012] FCA 626
Parties: IAN MENZIES CARSON, DAVID LAURENCE MCEVOY AND CRAIG DAVID CROSBIE IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040, HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040 and 43 OTHERS
File number: NSD 749 of 2012
Judge: EMMETT J
Date of judgment: 29 May 2012
Legislation: Corporations Act 2001 (Cth) ss 436E, 443B, 447A
Date of hearing: 29 May 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 22
Counsel for the plaintiffs: BA Coles QC, J Hynes
Solicitor for the plaintiffs: Henry Davis York
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 749 of 2012
BETWEEN: IAN MENZIES CARSON, DAVID LAURENCE MCEVOY AND CRAIG DAVID CROSBIE IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040
First to Third Plaintiffs
HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040 and 43 OTHERS
Fourth to Forty-Seventh Plaintiffs
JUDGE: EMMETT J DATE OF ORDER: 29 MAY 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The plaintiffs have leave to file an Originating Process in the form initialled and dated by Emmett J, to be returnable instanter before Emmett J. 2. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), in respect of each of Hastie Group Limited and the companies set out in Schedule 1 (the plaintiff companies), the time allowed in ss 443B(2)(a) and 443B(3) of the Act is to read in each case "20 business days" rather than "5 business days". 3. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), in respect of each of the plaintiff companies, the time allowed in s 436E(2) Act is to read "13 business days" rather than "8 business days". 4. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), in respect of the plaintiff companies, the requirement on the Administrator plaintiffs to issue notice under s 436E(3) of the Act be modified such that notice of the first meeting of creditors of the applicant companies will be validly given to any creditor by: 4.1 giving notice of the first meeting of creditors electronically by email, where the email address of the creditor is known to the Administrators; 4.2 causing notice of the meeting to be published in The Australian newspaper; and 4.3 placing notice of the meeting on the website that is maintained by the Administrator plaintiffs. 5. The plaintiffs have liberty to restore on 2 days' notice, including for the purpose of seeking such further modification of the operation of s 443B of the Corporations Act 2001 (Cth). 6. Any person affected by the orders sought in these proceedings, including any lessor of property, have liberty to restore on 2 days' notice. 7. The costs of this proceeding be the costs in the administrations of the plaintiff companies. 8. The proceeding be listed for directions before Emmett J at 9.30am on Friday, 15 June 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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