Federal Court of Australia
Federal Court of Australia
Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 1563 File number: WAD 256 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 21 December 2022
Catchwords: CORPORATIONS - administration - Clough group of companies - application under s 439A of the Corporations Act 2001 (Cth) for extension of time for convening second meetings of creditors - complex administration with active sale process underway - applicable principles - extension granted CORPORATIONS - application under s 90-15 of the Insolvency Practice Schedule (Corporations) for modifications as to mechanism for lodging proofs of debt - proofs to be lodged on Halo Platform at least three days prior to second meetings of creditors - purpose to assist in adjudication of proofs for voting purposes where large number of creditors - directions made CORPORATIONS - application for leave under s 80-55(5)(b) and s 90-15 of the Insolvency Practice Schedule (Corporations) to members of a committee of inspection to derive a profit or advantage from external administration - where transactions during administration with creditors who are members of the committee of inspection is in best interests of creditors provided there is adequate disclosure - leave granted
Legislation: Corporations Act 2001 (Cth) ss 435A, 439A, 447A, Part 5.3A, Schedule 2 (Insolvency Practice Schedule (Corporations)) ss 80-55, 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-225
Cases cited: Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) [2022] FCA 1506 Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 234 Diamond Press Australia Limited [2001] NSWSC 313 In the matter of Daisytek Australia Pty Limited [2003] FCA 575 In the matter of Harrisons Pharmacy Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) [2013] FCA 458 In the matter of Renex Holdings (Dandenong) 1 Pty Ltd (administrators appointed) [2015] NSWSC 2002 In the matter of Riviera Group Pty Ltd (admins apptd) (recs and mgrs apptd) [2009] NSWSC 585 Mighty River International Limited v Hughes [2018] HCA 38; (2018) 265 CLR 480 Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 2) [2021] FCA 577. Re Riviera Group Pty Ltd (admins apptd) (recs and mgrs Apptd) [2009] NSWSC 585 Re Grocon Pty Ltd (admins apptd) (No 2) [2020] VSC 36 Shaw and Albarran (Joint and Several Administrators of Home Art Building Group Pty Ltd) v Home Art Building Group Pty Ltd (Administrators Appointed) [2016] WASC 274 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717
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