Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brereton, in the matter of MyHouse (Aust) Pty Limited (administrators appointed) [2020] FCA 610 File number(s): NSD 462 of 2020
Judge(s): FARRELL J
Date of judgment: 23 April 2020
Catchwords: CORPORATIONS – Application by administrators of a company for orders under s 57 of the Federal Court of Australia Act 1976 (Cth) appointing them as the joint and several receivers of the assets of a trading trust pursuant to which the company carried on its business – where judicial advice sought that the administrators were justified in treating the property in the name of the company as property of the trust CORPORATIONS – Application by administrators of a company to extend the convening period for second meeting of the company's creditors – orders also sought permitting notice of the second meeting of creditors to be despatched electronically
Legislation: Corporations Act 2001 (Cth) ss 420, 437A, 437B, 437D, 439A(6), 447A; Sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Federal Court of Australia Act 1976 (Cth) s 37AF, 57 Insolvency Practice Rules (Corporations) 2016 (Cth) ss75-225 and 75-15
Cases cited: Apostolou v VA Corp Aust Pty Ltd [2010] FCA 64; (2010) 77 ACSR 84 Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 Eagle, in the matter of Techfront Australia Pty Limited (administrators appointed) [2020] FCA 542 Griffiths (Administrator) v The Trustee for Chrisamanda Trust trading as Chrisamanda Trust [2017] FCA 1222 In the matter of BBY Ltd [2015] NSWSC 974 In the matter of Harrisons Pharmacy Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) [2013] FCA 458 In the matter of Mecfab Holdings Pty Ltd [2015] NSWSC 46 Jennings v Mather [1902] 1 KB 1 Jahani, in the matter of The Ralan Group Pty Ltd (administrators appointed) [2019] FCA 1446 Silvia, in the matter of Austcorp Group Limited (Administrators Appointed) [2009] FCA 636 Trenfield, In the matter of Crusaders Managers Pty Ltd (Administrators Appointed) [2018] FCA 876 Tonks, in the matter of PWG Holdings Pty Ltd (No 2) [2017] FCA 893 Quinlan, in the matter of Halifax Investment Services Pty Ltd (Administrators Appointed) [2018] FCA 1891
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