Wily, in his capacity as administrator of APH Hope Island Pty Ltd (Administrator Appointed) (Receivers and Managers Appointed) [2012] FCA 1444

FEDERAL COURT OF AUSTRALIA

Wily, in his capacity as administrator of APH Hope Island Pty Ltd (Administrator Appointed) (Receivers and Managers Appointed) [2012] FCA 1444 Citation: Wily, in his capacity as administrator of APH Hope Island Pty Ltd (Administrator Appointed) (Receivers and Managers Appointed) [2012] FCA 1444

Parties: ANDREW HUGH JENNER WILY IN HIS CAPACITY AS ADMINISTRATOR OF APH HOPE ISLAND PTY LTD (ADMINISTRATOR APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 107 657 465

File number: QUD 728 of 2012

Judge: GREENWOOD J

Date of judgment: 10 December 2012

Catchwords: CORPORATIONS – consideration of an application for an extension of the convening period for the second meeting of creditors

Legislation: Corporations Act 2001 (Cth), s 439A

Date of hearing: 10 December 2012

Date of last submissions: 10 December 2012

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Mr C Crawford

Solicitor for the Applicant: Mr G Shaw, MSB Lawyers

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 728 of 2012

IN THE MATTER OF APH HOPE ISLAND PTY LTD (ADMINISTRATOR APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) aCn 107 657 465 ANDREW HUGH JENNER WILY IN HIS CAPACITY AS ADMINISTRATOR OF APH HOPE ISLAND PTY LTD (ADMINISTRATOR APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 107 657 465

Applicant

JUDGE: GREENWOOD J DATE OF ORDER: 10 DECEMBER 2012 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The convening period within which the applicant must convene a meeting of the creditors of APH Hope Island Pty Ltd (administrator appointed) (receivers and managers appointed) ACN 107 657 465 ('the Company') as fixed by s 439A(5) of the Corporations Act 2001 (Cth) (Corporations Act), be extended under s 439A(6) of the Corporations Act, up to an including 13 December 2012. 2. Pursuant to s 447A(1) of the Corporations Act, that Part 5.3A of the Corporations Act operate in relation to the Company so that the second meeting of creditors of the Company required by s 439A of the Corporations Act may be held at any time during, or within 5 business days after the end of, the convening period as extended, provided that the applicant gives notice of the meeting in accordance with s 439A(3) of the Corporations Act. 3. Any person having a sufficient interest may apply to the Court to vary orders 1 and 2 above upon providing 5 days notice in writing to the applicant's solicitors. 4. As soon as practicable, the applicant give notice to the creditors of the Company of the terms of these orders by email if the applicant has an email address for the creditors, or by way of correspondence sent to their last known address. 5. The costs of this application are to 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