Pearce, in the matter of Medigard Limited (Administrators Appointed) [2020] FCA 1768

Federal Court of Australia

Pearce, in the matter of Medigard Limited (Administrators Appointed) [2020] FCA 1768 File number(s): QUD 371 of 2020

Judgment of: GREENWOOD J

Date of judgment: 7 December 2020

Catchwords: CORPORATIONS – consideration of an application for an order that the convening period as defined by s 439A(5)(b) of the Corporations Act 2001 (Cth) (the "Act") in respect of the company be extended to 9 April 2021 – consideration of an application pursuant to s 447A(1) of the Act that Part 5.3A of the Act operate on the footing that the second meeting of creditors may be held at any time during or within five business days after the end of the convening period as extended – consideration of an application for an order that an affidavit attaching an exhibit to an affidavit setting out a recapitalisation proposal be treated as confidential

Legislation: Corporations Act 2001 (Cth), ss 439A(5)(b), 439A(6), 447A(1) Federal Court of Australia Act 1976 (Cth), ss 37AF(1)(b)(i) and (4), 37AG(1)(a)

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 23

Date of hearing: 7 December 2020

Counsel for the Plaintiff: Mr L Copley

Solicitor for the Plaintiff: Sparke Helmore Lawyers

ORDERS QUD 371 of 2020 IN THE MATTER OF MEDIGARD LIMITED (ADMINISTRATORS APPOINTED) ACN 090 003 044 MARK PEARCE AND MICHAEL DULLAWAY IN THEIR CAPACITY AS ADMINISTRATORS OF MEDIGARD LIMITED (ADMINISTRATORS APPOINTED) ACN 090 003 044 First Plaintiff