Lau, in the matter of Blayney Crane Services Pty Limited (Administrators appointed) [2013] FCA 696

FEDERAL COURT OF AUSTRALIA

Lau, in the matter of Blayney Crane Services Pty Limited (Administrators appointed) [2013] FCA 696 Citation: Lau, in the matter of Blayney Crane Services Pty Limited (Administrators appointed) [2013] FCA 696

Parties: MELISSA POH BEE LAU AND GEOFFREY PHILIP REIDY IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF BLAYNEY CRANE SERVICES PTY LIMITED ACN 003 730 256 (ADMINISTRATORS APPOINTED)

File number: NSD 1334 of 2013

Judge: FARRELL J

Date of judgment: 12 July 2013

Catchwords: CORPORATIONS – application by administrators pursuant to s 439A(6) of the Corporations Act 2001 (Cth) – 8 day extension of convening period for meeting of creditors – error in calculating convening period

Legislation: Corporations Act 2001 (Cth) ss 439A, 447A, 600G(6), Part 5.3A

Date of hearing: 12 July 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 4

Counsel for the Plaintiff: Mr T Lynch

Solicitor for the Plaintiff: Wyndham Prem Commercial Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1334 of 2013

IN THE MATTER OF BLAYNEY CRANE SERVICES PTY LIMITED (ADMINISTRATORS APPOINTED) BETWEEN: MELISSA POH BEE LAU AND GEOFFREY PHILIP REIDY IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF BLAYNEY CRANE SERVICES PTY LIMITED ACN 003 730 256 (ADMINISTRATORS APPOINTED)

Plaintiff

JUDGE: FARRELL J DATE OF ORDER: 12 July 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 439A(6) of the Corporations Act 2001 (Act) the period within which the Plaintiffs must convene the meeting of creditors of Blayney Cranes Services Pty Limited ACN 003 730 256 (Administrators Appointed) (Company) as fixed by section 439A(5) of the Act be extended up to and including Thursday 18 July 2013. 2. Pursuant to section 447A(1) of the Act that the meetings of the creditors of the Company required by section 439A of the Act may be held at any time during, or within 5 business days after the end of, the convening period, as extended by Order 1, notwithstanding the provisions of section 439A(2) of the Act. 3. Leave is reserved to any person claiming to be interested, including any creditor of the Company to make an application to vary or discharge any or all of these Orders upon 24 hours notice to the Plaintiffs. 4. These Orders be entered forthwith. The Court notes the undertaking of the Plaintiffs by their counsel that they will bear the costs of and associated with this application personally. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.