Federal Court of Australia
Federal Court of Australia
White (Administrator), in the matter of Schramm Australia Holding Pty Ltd [2023] FCA 261 File number: WAD 61 of 2023
Judgment of: BANKS-SMITH J
Date of judgment: 22 March 2023
Date of publication of reasons: 23 March 2023
Catchwords: CORPORATIONS - administration - Schramm group of companies - application under s 439A of the Corporations Act 2001 (Cth) for three month extension of time for convening second meetings of creditors - group administration with active sale process underway - a number of interested parties suggest timetable for sale process currently impractical - extension of time to facilitate sale process in interests of stakeholders and no evidence of prejudice - applicable principles - extension granted
Legislation: Corporations Act 2001 (Cth) ss 436A, 439A, 440B, 447A, Part 5.3A, Schedule 2 (Insolvency Practice Schedule (Corporations)) s 90-15 Federal Court of Australia Act 1976 (Cth) s 37AF
Cases cited: Algeri (administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 1563 In the matter of Daisytek Australia Pty Limited [2003] FCA 575 In the matter of Riviera Group Pty Ltd (admins apptd) (recs and mgrs apptd) [2009] NSWSC 585 Re Grocon Pty Ltd (Admins Apptd) (No 2) [2020] VSC 859
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 41
Date of hearing: 22 March 2023
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