Moodie, in the matter of JD Transport Pty Ltd (Administrators appointed) [2014] FCA 813

FEDERAL COURT OF AUSTRALIA

Moodie, in the matter of JD Transport Pty Ltd (Administrators appointed) [2014] FCA 813 Citation: Moodie, in the matter of JD Transport Pty Ltd (Administrators appointed) [2014] FCA 813

Parties: ROBERT BOYCE MOODIE AND GEOFFREY PHILIP REIDY IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF JD TRANSPORT PTY LTD (ADMINISTRATORS APPOINTED) ACN 062 633 729

File number(s): NSD 782 of 2014

Judge(s): YATES J

Date of judgment: 1 August 2014

Catchwords: CORPORATIONS - application for extension of convening period under s 439A(6) of the Corporations Act 2001 (Cth)

Legislation: Corporations Act 2001 (Cth) ss 436A, 436E, 439A, 447A

Date of hearing: 1 August 2014

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 15

Counsel for the Plaintiffs: Mr G Carolan

Solicitor for the Plaintiffs: William James

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 782 of 2014

IN THE MATTER OF JD TRANSPORT PTY LTD (ADMINISTRATORS APPOINTED) ACN 062 633 729 BETWEEN: ROBERT BOYCE MOODIE AND GEOFFREY PHILIP REIDY IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF JD TRANSPORT PTY LTD (ADMINISTRATORS APPOINTED) ACN 062 633 729 Plaintiffs

JUDGE: YATES J DATE OF ORDER: 1 AUGUST 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) (the Act), the period within which the plaintiffs must convene the meeting of creditors of JD Transport Pty Limited (Administrators Appointed) ACN 062 633 729 (the company) as fixed by s 439A(5) of the Act be extended up to and including 20 August 2014 (the extended period). 2. Pursuant to s 447A(1) of the Act, Part 5.3A of the Act shall have effect in relation to the company, such that the meeting of creditors required by s 439A(1) may be held at any time during the extended period or up to or within 5 business days after 20 August 2014, notwithstanding s 439A(2) of the Act. 3. Leave be granted to any person claiming to be interested, including any creditor of the company, to apply to the Court to vary or discharge any or all of these orders upon 48 hours' notice to the plaintiffs and to the Court. 4. The costs of and incidental to the application be costs in the administration of, and be paid out of the assets of, the company. 5. Exhibit A is to be kept confidential and is not to be disclosed to any person without an order of the Court. This Order is made on the basis that non-publication of the evidence is necessary to prevent prejudice to the proper administration of justice. 6. Order 5 is to operate until 20 September 2014, unless further extended. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.