Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rathner, in the matter of Citius Property Pty Ltd (Administrator Appointed) [2023] FCA 26 File number: VID 35 of 2023
Judgment of: O'BRYAN J
Date of judgment: 24 January 2023
Date of publication of reasons: 2 February 2023
Catchwords: CORPORATIONS – proposed extension of convening period for second meeting of creditors under s 439A of the Corporations Act 2001(Cth) –Court satisfied that extending administration is in the best interests of creditors
Legislation: Corporations Act 2001 (Cth), ss 435A, 436A, 439A, 443B, 447A, 451E, Schedule 2, s 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth), rr 75-140, 75-225 Fair Entitlements Guarantee Act 2012 (Cth)
Cases cited: Algeri, in the matter of Colorado Group Ltd (administrators appointed) (receivers and managers appointed) [2011] VSC 260 Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 Bumbak, in the matter of Duro Felguera Australia Pty Limited (administrators appointed) [2020] FCA 422 In the matter of Daisytek Australia Pty Ltd (administrators appointed) [2003] FCA 575; 45 ACSR 446 Dallinger v Halcha Holdings Pty Ltd (administrator appointed) (1995) 60 FCR 594 In the matter of Kavia Holdings Pty Limited (administrators appointed) (receivers and managers appointed) [2013] NSWSC 737 In the matter of LED Builders Pty Ltd (administrators appointed) [2008] NSWSC 633 In the matter of Lift Capital Partners Pty Ltd (administrators appointed) [2008] NSWSC 446 In the matter of Sirius Corporation Limited (administrators appointed) [2013] NSWSC 2003 Lewis (Liquidator), Re Concrete Supply Pty Ltd (in liquidation) [2020] FCA 841; 145 ACSR 459 Mentha, in the matter of Arrium Ltd (administrators appointed) [2016] FCA 487; 113 ACSR 302 Mighty River International Ltd v Hughes (2018) 265 CLR 480 Owen, in the matter of Rivercity Motorway Pty Limited (administrators appointed) (receivers and managers Appointed) v Madden [2011] FCA 295 Owen and Others in their capacity as joint and several administrators of Rivercity Motorway Pty Ltd (administrators appointed) (receivers and managers appointed) v Madden (No 4) [2012] FCA 1491; 92 ACSR 255 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717; 144 ACSR 437 Walker, in the matter of ABC Learning Centres Ltd (administrators appointed) (receivers and managers appointed) (No 8) [2009] FCA 994; 73 ACSR 478
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