Billingsley (Administrator), in the matter of B K Chemists Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1059

FEDERAL COURT OF AUSTRALIA

Billingsley (Administrator), in the matter of B K Chemists Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1059 File number: NSD 232 of 2020

Judge: GLEESON J

Date of judgment: 8 July 2020

Date of publication of reasons: 23 July 2020

Catchwords: CORPORATIONS – application under s 447A of the Corporations Act 2001 (Cth) to extend the convening period for the second meetings of creditors – where applicant seeking order to permit the meetings to be held on any business day within 5 business days after the end of the convening period as extended – where convening period has already previously been extended – where initial and subsequent extensions sought to enable sale of the businesses as going concerns - application granted

Legislation: Corporations Act 2001 (Cth) ss 439A, 447A, Pt 5.3A Insolvency Practice Rules (Corporations) 2016 s 75-225

Cases cited: Billingsley (Administrator), in the matter of B K Chemists Pty Ltd (Administrators Appointed) [2020] FCA 418 Chamberlain, Re South Wagga Sports and Bowling Club Ltd (Admin Apptd) [2009] FCA 25 Lombe, Re Australian Discount Retail Pty Ltd [2009] NSWSC 110; (2009) 27 ACLC 115 Mentha, Re The Griffin Coal Mining Company Pty Ltd (Admin Apptd) (ACN 008 667 285) (No 2) [2010] FCA 499 Re ABC Learning Centres (No 8) [2009] FCA 994; (2009) 73 ACSR 478 Re Acquire Learning & Careers Pty Ltd (administrators appointed) [2017] VSC 572 Re Harrisons Pharmacy Pty Ltd (Admin Apptd) (Recs and Mngrs Apptd) [2013] FCA 1102 Owen v Madden (No 5) [2013] FCA 1443