Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jahani, in the matter of Northern Energy Corporation Ltd (Administrators Appointed) [2018] FCA 1983 File number(s): NSD 2058 of 2018
Judge(s): FARRELL J
Date of judgment: 12 December 2018
Catchwords: CORPORATIONS – application to extend the convening period for the second meeting of creditors under s 447A(1) of the Corporations Act 2001 (Cth) – where company is in administration – administrators seek extension to pursue sale of company assets and enable a DOCA to be proposed – extension opposed by three unsecured creditors of the company – whether granting the extension would risk the ability of those creditors to rely on a Deed of Cross Guarantee – Deed in the form of ASIC Pro Forma 24 to obtain relief under ASIC Class Order [CO 98/1418] – whether the unsecured creditors had the benefit of the Deed – application granted
Legislation: Corporations Act 2001 (Cth) Pt 5.3A, ss 435A, 436A, 439A, 446A, 459A Federal Court of Australia Act 1976 (Cth) s 37AJ
Cases cited: Hayes, in the matter of Estate Property Group Limited (Administrators Appointed) [2007] FCA 935 Mighty River International Ltd v Mineral Resources Ltd (2018) 92 ALJR 822; [2018] HCA 38 Re Autodorn Ltd [2012] FCA 1393 Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 Re Hans Continental Smallgoods Pty Ltd [2008] FCA 1933 Re Mentha, in the matter of The Griffin Coal Mining Company Pty Ltd (administrators appointed) (ACN 008 667 285) [2010] FCA 30
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