Hancock, in the matter of Interior One Pty Ltd (Administrator Appointed) (Receivers and Managers Appointed) [2014] FCA 1199

FEDERAL COURT OF AUSTRALIA

Hancock, in the matter of Interior One Pty Ltd (Administrator Appointed) (Receivers and Managers Appointed) [2014] FCA 1199 Citation: Hancock, in the matter of Interior One Pty Ltd (Administrator Appointed) (Receivers and Managers Appointed) [2014] FCA 1199

Parties: INTERIOR ONE PTY LTD (ADMINISTRATOR APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 132 157 772 PLUIM INTERIORS PTY LTD (ADMINISTRATOR APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 003 245 690

File numbers: NSD 1140 of 2014 NSD 1141 of 2014

Judge: GLEESON J

Date of judgment: 7 November 2014

Catchwords: CORPORATIONS – application to extend convening period for a company in liqudation under s 439A of the Corporations Act 2001 (Cth) – application under s 447A to allow second creditors' meeting to be held at any time during or within 5 business days of extended convening period – where no apparent prejudice to creditors – where administrator considers extension to be in in creditors' best interests – where receivers do not oppose extension – where no delay by administrator – where administrator not in position to advise creditors of whether or not administration should end and extension would increase likelihood administrator could so advise– where prospect of sale of business as going concern – application granted

Legislation: Corporations Act 2001 (Cth) ss 433(3)(c), 436A, 436E, 439A, 447A, Pt 5.3A

Cases cited: Strawbridge, in the matter of Custom Coaches (Sales) Pty Ltd (Administrators Appointed) [2014] FCA 683 Re Harrison's Pharmacy Pty Limited [2013] FCA 458 Re Tendiris Pty Ltd (administrator appointed) (receivers and managers appointed) [2013] NSWSC 739