Albarran (Administrator), in the matter of John Wayland Pty Ltd (Administrators Appointed) [2022] FCA 1119

Federal Court of Australia

Albarran (Administrator), in the matter of John Wayland Pty Ltd (Administrators Appointed) [2022] FCA 1119 File number(s): NSD 794 of 2022

Judgment of: HALLEY J

Date of judgment: 15 September 2022

Date of publication of reasons: 20 September 2022

Catchwords: CORPORATIONS – application by administrators under ss 439A and 447A of the Corporations Act 2001 (Cth) to extend period in which applicants must convene second meeting of creditors – where extension of time will grant administrators time to make an informed recommendation – application granted

Legislation: Corporations Act 2001 (Cth) ss 438A, 439A, 447A Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-225

Cases cited: Caddy, in the matter of Khaled El-Sheikh Pty Ltd (Administrators Appointed) [2022] FCA 703 In the matter of Gunns Plantations Limited (Administrators Appointed) (Receivers and Managers Appointed) (ACN 091 232 209) [2012] VSC 513 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators appointed) (No 2) [2020] FCA 717

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 26

Date of hearing: 15 September 2022

Counsel for the Applicants: Mr D Parish

Solicitor for the Applicants: Watson Webb

ORDERS NSD 794 of 2022

RICHARD ALBARRAN AND KATHLEEN VOURIS IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF JOHN WAYLAND PTY LTD (ADMINISTRATORS APPOINTED) ACN 000 019 695 First Applicant