Eagle, in the matter of Techfront Australia Pty Limited (administrators appointed) [2020] FCA 542

FEDERAL COURT OF AUSTRALIA

Eagle, in the matter of Techfront Australia Pty Limited (administrators appointed) [2020] FCA 542 File number(s): NSD 439 of 2020

Judge: FARRELL J

Date of judgment: 17 April 2020

Date of publication of reasons: 23 April 2020

Catchwords: CORPORATIONS – application to modify requirements of Part 5.3A of the Corporations Act 2001 (Cth), the Insolvency Practice Schedule (Corporations) and the Insolvency Practice Rules Corporations 2016 (Cth) to permit administrators to give notice of creditors' meetings and other notifications to or communications by creditors with the administrators to be given by electronic means and to permit creditors' meetings and any future meetings of committees of inspection to be conducted exclusively by audio-visual or telephone conference – where state and federal governments imposed limits on gatherings of people to supress the spread of the COVID-19 virus – where orders for notice of meeting and notifications between administrators and creditors promotes quick and cheap communications, conserving the limited assets of the companies for the benefit of creditors – where provision made for affected persons to apply to the Court for variation of the orders – application granted. CORPORATIONS – application to extend the period for administrators to give notice under s 443B of the Corporations Act 2001 (Cth) where time during which notices may be given has expired – where extension is in the best interests of creditors generally – where administrators delayed by government-imposed physical distancing requirements designed to stop the spread of the COVID-19 virus – where provision made for affected persons to apply to the Court for variation of the orders – application granted. COSTS – application for costs by asset lessor granted leave under r 2.13 of the Federal Court (Corporations) Rules 2000 (Cth) – where no reason to depart from usual rule – application refused.