Federal Court of Australia
Federal Court of Australia
Caddy, in the matter of Khaled El-Sheikh Pty Ltd (Administrators Appointed) [2022] FCA 703 File number(s): VID 322 of 2022
Judgment of: ANDERSON J
Date of judgment: 16 June 2022
Catchwords: CORPORATIONS – application by Administrators under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs must convene the second meeting of the creditors under s 439A of the Act – where extension of time will grant the Administrators time to sell the business and make an informed recommendation, in advance of the creditors' meetings – whether appropriate to extend the convening period – application granted
Legislation: Corporations Act 2001 (Cth) Insolvency Practice Rules (Corporations) 2016 (Cth)
Cases cited: In the matter of Gunns Plantations Limited (Administrators Appointed) (Receivers and Managers Appointed) [2012] VSC 513 Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 4) [2021] FCA 644 Re Daisytek Australia Pty Ltd (Administrators Appointed) [2003] FCA 575; (2003) 45 ACSR 446 Re Great Southern Infrastructure Pty Ltd; ex parte Jones [2009] WASC 161 Re Unlocked Limited (Administrators Appointed) & Ors [2018] VSC 345 Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717; 144 ACSR 347
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