Federal Court of Australia
Federal Court of Australia
Tracy, in the matter of In2Food Australia Pty Ltd [2021] FCA 1104 File number(s): NSD 924 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 8 September 2021
Date of publication of reasons: 10 September 2021
Catchwords: CORPORATIONS – application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the first plaintiffs must convene the second meeting of the creditors of the second to eighth plaintiffs under s 439A(1) – where the first plaintiffs have been pursuing a sale and / or recapitalisation of the companies in administration – where the sale / recapitalisation process has been hampered by the COVID-19 pandemic – where the extension will likely maximise the return to creditors - whether the circumstances warrant an extension of the convening period – Held: application granted.
Legislation: Corporations Act 2001 (Cth), ss 439A, 447A
Cases cited: Bumbak (Administrator), Re Duro Felguera Australia Pty Ltd (Admins Apptd) [2020] FCA 422 Farnsworth v About Life Pty Limited (Administrator Appointed), in the matter of About Life Pty Limited (Administrator Appointed) [2019] FCA 11 Jahani, in the matter of Northern Energy Corporation Ltd (Administrators Appointed) (No 2) [2019] FCA 382 Re Belmont Sportsmans Club Co-Operative Ltd (admins apptd) [2015] NSWSC 543 Re Owen, RiverCity Motorway Pty (Ltd (admins apptd) (recs & mgrs apptd) v Madden (No 4) [2012] FCA 1491; (2012) 92 ACSR 255 Re Riviera Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2009] NSWSC 585; (2009) 72 ACSR 352 Silvia, in the matter of Austcorp Group Limited a(Administrators Appointed) [2009] FCA 636
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