Loi (Administrator) v Homeland Furniture Wollongong Pty Limited (Administrator Appointed); In the Matter of Homeland Furniture Wollongong Pty Limited (Administrator Appointed) [2016] FCA 1036

FEDERAL COURT OF AUSTRALIA

Loi (Administrator) v Homeland Furniture Wollongong Pty Limited (Administrator Appointed); In the Matter of Homeland Furniture Wollongong Pty Limited (Administrator Appointed) [2016] FCA 1036 File number: NSD 1415 of 2016

Judge: FOSTER J

Date of judgment: 25 August 2016

Catchwords: CORPORATIONS – whether the Court should make an order pursuant to s 447A(1) of the Corporations Act 2001 (Cth) (the Act) varying the operation of Pt 5.3A of the Act in relation to a company in administration so as to validate in advance the first meeting of the company's creditors notwithstanding that notice will not have been given to all eligible creditors in accordance with the requirements of s 436E of the Act

Legislation: Corporations Act 2001 (Cth), ss 436A, 436E, 447A, 1322 and Pt 5.3A

Cases cited: Cawthorn v Keira Constructions Pty Ltd (1994) 33 NSWLR 607 Re ABC Learning Centres Ltd (No 1) [2008] FCA 1943 Re Henry Walker Eltin Group Ltd (Administrators Appointed) (2005) 54 ACSR 383

Date of hearing: 25 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 28

Counsel for the Plaintiff: Mr R Marshall

Solicitor for the Plaintiff: Polczynski Lawyers

Solicitor for the Defendant: The Defendant did not appear

ORDERS NSD 1415 of 2016 IN THE MATTER OF HOMELAND FURNITURE WOLLONGONG PTY LIMITED (ACN 166 085 696) (ADMINISTRATOR APPOINTED) BETWEEN: PATRICK LOI IN HIS CAPACITY AS ADMINISTRATOR OF HOMELAND FURNITURE WOLLONGONG PTY LIMITED (ACN 166 085 696) (ADMINISTRATOR APPOINTED) Plaintiff