Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Freeman, in the matter of Aquaint Holdings Limited (Administrators Appointed) [2016] FCA 831 File number: WAD 299 of 2016
Judge: BARKER J
Date of judgment: 8 July 2016
Catchwords: CORPORATIONS – application by administrators for extension of convening period for second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth) – where administrators wish to consider viability of proposed deeds of company arrangement – where secured creditor does not oppose extension – where ASX-listed public company is the parent entity of corporate group – where assets of subsidiaries located in Malaysia, Singapore, Laos and India – whether prejudice to any affected persons
Legislation: Corporations Act 2001 (Cth) ss 9, 435A, 439A, 439A(1), 439A(2), 439A(5), 439A(5)(b), 439A(6), 447A, 447A(1), Pt 5.3A
Cases cited: Australasian Memory Pty Limited and Another v Brien and Another (2000) 200 CLR 270; [2000] HCA 30 Collective Olive Groves Limited, in the matter of Collective Olive Groves Limited; application by Reidy [2009] FCA 177 Diamond Press Australia Pty Limited [2001] NSWSC 313 Hayes in the matter of Dick Smith Holdings Limited (Administrators Appointed) (Receivers and Managers Appointed) [2016] FCA 24 Herbert & Anor v Exuma Pty Ltd (Administrators Appointed) [2003] WASC 167 In the matter of Harrisons Pharmacy Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) [2013] FCA 458 Lombe re Australian Discount Retail Pty Ltd [2009] NSWSC 110 Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 McKinnon, in the matter of Specialised Concrete Pumping Victoria Pty Ltd (Administrators Appointed) [2016] FCA 325 Re Brash Holdings Ltd (admr apptd) (1994) 13 ACSR 793 Re Pan Pharmaceuticals Ltd (admins apptd) (ACN 091 032 914) (McGrath and Honey as joint liquidators) and Others (2003) 46 ACSR 77; [2003] FCA 598 Re Riviera Group Pty Ltd (admins apptd)(recs and mgrs apptd)(ACN 102 298 279) and Others (2009) 72 ACSR 352; [2009] NSWSC 585 Re Tracker Software (Australia) Pty Ltd (admin apptd) (1997) 24 ACSR 92
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