McCallum, in the matter of TM Lewin Australia Pty Ltd (Administrators Appointed) [2020] FCA 992

FEDERAL COURT OF AUSTRALIA

McCallum, in the matter of TM Lewin Australia Pty Ltd (Administrators Appointed) [2020] FCA 992 File number: VID 450 of 2020

Judge: DAVIES J

Date of judgment: 10 July 2020

Date of publication of reasons: 14 July 2020

Catchwords: CORPORATIONS – company in voluntary administration – application for orders pursuant to ss 443B(8) and 447A(1) of the Corporations Act 2001 (Cth) (Act) varying the operation of ss 443A(1)(c) and 443B(2) of the Act such that administrators of the company are not personally liable for rent due under leases for stipulated additional period – application for extension to time allowed to give notice to lessors under s 443B(3) of the Act – application for directions pursuant to s 447A(1) of the Act and s 90-15 of the Insolvency Practice Schedule (Corporations), being Sch 2 to the Act, that the administrators are justified in causing the group of companies not to pay rent due under leases for stipulated period – application under s 439A(6) of the Act that convening period as defined in section 439A(5)(b) be extended – where administrators' considered view is that requested extensions provide best chance of maximising funds available for creditors – applications allowed on basis that affected parties have liberty to apply to the Court for variation of orders

Legislation: Corporations Act 2001 (Cth) ss 436A(1)(a), 439A, 443A(1)(c), 443B, 447A(1), Sch 2

Cases cited: In the matter of Mothercare Australia Limited (administrators appointed) [2013] NSWSC 263 Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) [2020] FCA 571 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717