Carson, in the matter of Hastie Group Limited (No 2) [2012] FCA 717

FEDERAL COURT OF AUSTRALIA

Carson, in the matter of Hastie Group Limited (No 2) [2012] FCA 717 Citation: Carson, in the matter of Hastie Group Limited (No 2) [2012] FCA 717

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: 19 June 2012

Legislation: Corporations Act 2001 (Cth) ss 439A, 439B, 443B, 447A

Cases cited: Carson, in the matter of Hastie Group Limited [2012] FCA 626

Date of hearing: 19 June 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 26

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: 19 JUNE 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The plaintiffs have leave to file an Interlocutory Process dated 19 June 2012 in the form initialled by Emmett J (Interlocutory Process). 2. The Interlocutory Process be returnable instanter before Emmett J. 3. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) (the Act), the period within which the plaintiffs must convene a meeting of creditors pursuant to s 439A of the Act in respect of the companies listed in Schedule 1 to the Interlocutory Application (Companies) be 150 Business Days (as defined in the Act) from 25 June 2012. 4. Pursuant to s. 447A(1) of the Act, with respect to each of the Companies, Part 5.3A of the Act is to operate as though: 4.1 s 439A were modified such that the meeting of creditors required by s 439A 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, and notwithstanding the provisions of s 439A(2) of the Act; 4.2 s 439A(3) were modified such that notice of the meeting of creditors may be given by giving notice, not less than 5 business days prior to the date of the proposed meeting, by only: 4.2.1 giving notice electronically by email, where the email address of the creditor is known to the Administrators; 4.2.2 placing notice of the meeting on the website that is maintained by the Administrators; and 4.2.3 causing notice of meeting to be published in The Australian newspaper; 4.3 s 439A(4) were modified such that the information required under s 439A(4) to accompany notice to creditors may be validly given if it were: 4.3.1 available for download from the website that is maintained by the Administrators; and 4.3.2 referred to, in the notices issued and published in accordance with subparagraph 2(b) above, as being available for download from the website that is maintained by the Administrators; 4.4 s 439B(1) were modified such that any of the Administrators may by instrument in writing appoint another partner or employee of PPB Advisory who is also a registered liquidator to chair the meeting of the creditors; and 4.5 ss 443B(2)(a) and 443B(3) were modified to read in each case "35 business days" rather than "5 business days". 5. Any person affected by this order, including any lessor of property, have liberty to restore on 2 days' notice. 6. The costs of the Interlocutory Application be costs in the administrations of the Companies. 7. The proceeding be listed for directions before Emmett J at 9.30am on Friday, 3 August 2012. Note: Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011