Shepard, in the matter of Palla Pharma Limited (administrators appointed) [2022] FCA 8

Federal Court of Australia

Shepard, in the matter of Palla Pharma Limited (administrators appointed) [2022] FCA 8 File number(s): VID 11 of 2022

Judgment of: WHEELAHAN J

Date of judgment: 19 January 2022

Catchwords: CORPORATIONS – application for a 90 day extension of the convening period for a meeting of the creditors under s 439A(6) of the Corporations Act 2001 (Cth) – application under s 447A(1) for an ancillary order that the meeting be permitted to be held at any time with five days after the extended convening period – appropriate case for extension of convening period and ancillary orders – orders accordingly made.

Legislation: Corporations Act 2001 (Cth) ss 435C(1)(a), 439A(1), 439A(2), 439A(5)(a), 439A(6), 447A(1), Pt 5.3A Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-225

Cases cited: Secatore; Re In-Fusion Management Pty Ltd (administrators appointed) [2016] FCA 1072 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 17

Date of hearing: 19 January 2022

Counsel for the Plaintiffs: Ms R Zambelli

Solicitor for the Plaintiffs: Arnold Bloch Leibler

ORDERS VID 11 of 2022 IN THE MATTER OF PALLA PHARMA LIMITED (ADMINISTRATORS APPOINTED) ACN 107 872 453 CRAIG SHEPARD AND BRYAN WEBSTER IN THEIR CAPACITIES AS JOINT AND SEVERAL ADMINISTRATORS OF PALLA PHARMA LIMITED (ADMINISTRATORS APPOINTED) ACN 107 872 453 First Plaintiff