Hayes (as Administrator), in the matter of Ply (ACT) Pty Ltd (Administrator Appointed) v Ply (ACT) Pty Ltd (Administrator Appointed) [2013] FCA 313

FEDERAL COURT OF AUSTRALIA

Hayes (as Administrator), in the matter of Ply (ACT) Pty Ltd (Administrator Appointed) v Ply (ACT) Pty Ltd (Administrator Appointed) [2013] FCA 313 Citation: Hayes (as Administrator), in the matter of Ply (ACT) Pty Ltd (Administrator Appointed) v Ply (ACT) Pty Ltd (Administrator Appointed) [2013] FCA 313

Parties: ALAN JOHN HAYES IN HIS CAPACITY AS ADMINISTRATOR OF PLY (ACT) PTY LTD (ADMINISTRATOR APPOINTED) ACN 114 856 647 v PLY (ACT) PTY LTD (ADMINISTRATOR APPOINTED) ACN 114 856 647

File number: NSD 589 of 2013

Judge: FARRELL J

Date of judgment: 5 April 2013

Catchwords: CORPORATIONS – external administration – creditors meetings – application for extension of time to convene second meeting of creditors

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

Date of hearing: 5 April 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 7

Solicitor for the Plaintiff: Mr G Cussen of Kemp Strang Legal

Counsel for the Defendant: The Defendant did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 589 of 2013

IN THE MATTER OF PLY (ACT) PTY LIMITED (ADMINISTRATOR APPOINTED) ACN 114 856 647 AND THE CORPORATIONS ACT BETWEEN: ALAN JOHN HAYES IN HIS CAPACITY AS ADMINISTRATOR OF PLY (ACT) PTY LTD (ADMINISTRATOR APPOINTED) ACN 114 856 647

Plaintiff

AND: PLY (ACT) PTY LTD (ADMINISTRATOR APPOINTED) ACN 114 856 647

Defendant

JUDGE: FARRELL J DATE OF ORDER: 5 APRIL 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. An order pursuant to section 439A(6) of the Act, extending the period within which the Administrator of the defendant must convene the second meeting of creditors of the defendant under section 439A of the Act up to and including 31 May 2013. 2. An order pursuant to section 447A(1) of the Act that the meeting of creditors of the defendant required by section 439A of the Act may be held at any time during the convening period as extended by Order 1 above notwithstanding the provisions of section 439A(2) of the Act. 3. Liberty be granted to the plaintiff to apply to the Court for any further extensions of the convening period referred to in Order 1 at any time prior to 31 May 2013. 4. Liberty to apply be granted to any person who can demonstrate sufficient interest to modify or discharge these orders upon appropriate notice being given to the plaintiff and the defendant. 5. An order that the costs and expenses of this Application be costs and expenses of the Administration of the defendant. Note: Entry of orders is dealt with in r 39.32 of Federal Court Rules 2011.