Federal Court of Australia
Federal Court of Australia
Hutton, in the matter of Triple MMM Holdings Pty Ltd (Administrators Appointed) [2023] FCA 124 File number(s): VID 698 of 2022
Judgment of: O'BRYAN J
Date of judgment: 16 February 2023
Date of publication of reasons: 21 February 2023
Catchwords: CORPORATIONS – voluntary administration – second extension of convening period for second meeting of creditors under ss 439A and 447A of the Corporations Act 2001 (Cth) – extension needed for the purpose of concluding sale process – Court satisfied that further extension of administration required to achieve best outcome for creditors
Legislation: Corporations Act 2001 (Cth), Pt 5.3A, ss 436C, 439A, 439C, 443A, 447A Insolvency Practice Rules (Corporations) 2016 (Cth), r 75-225
Cases cited: Australasian Memory Pty Ltd v O'Brien (2000) 200 CLR 270 Billingsley, in the matter of B K Chemists Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1059 Chamberlain, in the matter of South Wagga Sports and Bowling Club Ltd (Administrator Appointed) [2009] FCA 25 In the matter of Daisytek Australia Pty Ltd (Administrators Appointed) [2003] FCA 575; 45 ACSR 446 Kirk, in the matter of RL Adams Pty Ltd (Administrators Appointed) [2017] FCA 1111 Lombe, Re Australian Discount Retail Pty Ltd [2009] NSWSC 110 Mentha, in the matter of the Griffin Coal Mining Co Pty Ltd (Administrators Appointed) (No 2) [2010] FCA 499 Mighty River International Ltd v Hughes (2018) 265 CLR 480 Owen, in the matter of Rivercity Motorway Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 4) [2012] FCA 1491; 92 ACSR 255 Park, in the matter of Collection House Limited (Administrators Appointed) [2022] FCA 1083 Re Riviera Group Pty Ltd [2009] NSWSC 585; 72 ACSR 352 Strawbridge, in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 4) [2020] FCA 671 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) (No 7) [2020] FCA 1182 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) (No 2) [2020] FCA 717; 144 ACSR 437
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