Gothard, in the matter of Carabella Resources Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2020] FCA 1828

Federal Court of Australia

Gothard, in the matter of Carabella Resources Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2020] FCA 1828 File number: QUD 387 of 2020

Judgment of: DERRINGTON J

Date of judgment: 17 December 2020

Catchwords: CORPORATIONS – application by administrators pursuant to s 439A(6) of the Corporations Act 2001 (Cth) – where extension sought in the interests of creditors – application allowed

Legislation: Corporations Act 2001 (Cth) ss 435A, 439A, 447A

Cases cited: Crawford, in the matter of North Queensland Heavy Haulage Services Pty Ltd (administrators appointed) [2017] FCA 635 Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 Re Levi (1996) 19 ACSR 521 Re Riviera Group Pty Ltd (administrators appointed) (receivers and managers appointed) (2009) 72 ACSR 352

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 25

Date of hearing: 17 December 2020

Counsel for the Plaintiffs: Mr G Coveney

Solicitor for the Plaintiffs: Ashurst

ORDERS QUD 387 of 2020 IN THE MATTER OF CARABELLA RESOURCES PTY LTD ACN 143 355 471 (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED), WEALTH MINING PTY LTD (ADMINISTRATORS APPOINTED) ACN 162 884 068 AND BLUFF PCI MANAGEMENT PTY LTD (ADMINISTRATORS APPOINTED) ACN 628 189 524 PETER GOTHARD, WILLIAM MARTIN COLWELL AND TIMOTHY JAMES MICHAEL IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF CARABELLA RESOURCES PTY LTD ACN 143 355 471 (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED), WEALTH MINING PTY LTD (ADMINISTRATORS APPOINTED) ACN 162 884 068 AND BLUFF PCI MANAGEMENT PTY LTD (ADMINISTRATORS APPOINTED) ACN 628 189 524 Plaintiffs