Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 3) [2023] FCA 98

Federal Court of Australia Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 3) [2023] FCA 98 File number: WAD 256 of 2022

Judgment of: BANKS-SMITH J

Date of judgment: 15 February 2023

Catchwords: CORPORATIONS - administration - Clough group of companies - application under s 447(A)(1) of the Corporations Act 2001 (Cth) for further extension of time for convening second meeting of creditors of some companies within group - where some but not all companies likely to execute deeds of company arrangement in short term - complex administration with active sale process underway - applicable principles - extension granted - ancillary orders made including as to report as to affairs and committee of inspection

Legislation: Corporations Act 2001 (Cth) s 437A, 439, 439A, 447A, Part 5.3A, Schedule 2 (Insolvency Practice Schedule (Corporations)) s 90-15 Federal Court Rules 2011 (Cth) r 1.32 Insolvency Practice Rules (Corporations) 2016 (Cth) s 75-225

Cases cited: Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) [2022] FCA 1506 Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 1563 Chamberlain, in the matter of South Wagga Sports and Bowling Club Ltd (Administrator Appointed) [2009] FCA 25 In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) [2005] FCA 984 In the matter of Riviera Group Pty Ltd (admins apptd) (recrs and mgrs apptd) [2009] NSWSC 585 Mighty River International Limited v Hughes [2018] HCA 38; (2018) 265 CLR 480