Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 4) [2012] FCA 1491 Citation: Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 4) [2012] FCA 1491
Parties: MICHAEL ANDREW OWEN, STEPHEN JAMES PARBERY AND CHRISTOPHER CLARKE HILL IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF RIVERCITY MOTORWAY PTY LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 116 665 304 (AND EACH OF THE COMPANIES LISTED IN THE ATTACHED SCHEDULE) v MARTIN MADDEN AND DAVID MERRYWEATHER (RECEIVERS AND MANAGERS)
File number: QUD 60 of 2011
Judge: LOGAN J
Date of judgment: 22 November 2012
Catchwords: CORPORATIONS – application by administrators to extend the convening period for the second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth) – previously existing extension by the Court to convening period ending – whether Court satisfied that further extending administration was in the best interests of creditors – where complex corporation group involving toll road infrastructure – where prospects of company to improve on acquisition of new assets – Court satisfied that extension of convening period necessary
Legislation: Corporations Act 2001 (Cth) ss 439A, 440B, 447A, 449E, Pt 5.3A
Cases cited: Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden [2011] FCA 295 considered Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 2) [2012] FCA 312 considered Owen v Madden (No 3) (2012) 201 FCR 360 considered Mentha, in the matter of The Griffin Coal Mining Company Pty Ltd (administrators appointed) (ACN 008 667 285) (No2) [2010] FCA 499 followed Re Riviera Group Pty Ltd (admins apptd) (recs and mgrs apptd) (ACN 102 298 279) (2009) 72 ACSR 352 followed
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