Federal Court of Australia
Federal Court of Australia
Rathner, in the matter of Toddler Kindy Gymbaroo Pty Ltd (Administrators Appointed) [2021] FCA 1581 File number(s): VID 732 of 2021
Judgment of: DAVIES J
Date of judgment: 10 December 2021
Date of publication of reasons: 15 December 2021
Catchwords: CORPORATIONS – voluntary administration – application for orders pursuant to ss 439A(6) and 447A(1) of the Corporations Act 2001 (Cth) (Corporations Act) that convening period for second meeting of creditors extended for six months – where company has international intellectual property assets and international revenue streams – where extension not opposed by creditors – where application is in best interests of creditors – where administrators believe extension is required to maximise creditor benefits – application granted
Legislation: Corporations Act 2001 (Cth) ss 439A, 447A
Cases cited: Mentha, in the matter of Griffin Coal Mining Co Pty Ltd (administrators appointed) [2010] FCA 30 Mighty River International v Hughes [2018] HCA 38; (2018) 265 CLR 480 Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717; (2020) 144 ACSR 347
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 11
Date of hearing: 10 December 2021
Counsel for the Plaintiffs: Mr Freire
Solicitor for the Plaintiffs: Baker Jones Lawyers
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