Killer, in the matter of Scooter Group Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2023] FCA 320

Federal Court of Australia

Killer, in the matter of Scooter Group Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2023] FCA 320 File number: QUD 473 of 2022

Judgment of: DERRINGTON J

Date of judgment: 29 March 2023

Catchwords: CORPORATIONS – administration – application to extend time for the convening of second meeting of creditors – extension directly benefits sale being undertaken by receivers of secured creditor – whether any benefits to be gained by unsecured creditors – possibility of some recovery in the future – application allowed

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Algeri; Re Colorado Group Ltd [2011] VSC 260 Diamond Press Australia Pty Ltd [2001] NSWSC 313 Hill, in the matter of Autocare Services Pty Ltd (administrators appointed) [2021] FCA 167 Kirk, in the matter of RL Adams Pty Ltd (Administrators Appointed) [2017] FCA 1111 Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 Mentha, in the matter of The Griffin Coal Mining Company Pty Ltd (administrators appointed) (ACN 008 667 285) (No 2) [2010] FCA 499 Owen v Madden (No 4) (2012) 92 ACSR 255 Owen, in the matter of Rivercity Motorway Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) v Madden [2011] FCA 295 Park, in the matter of Collection House Ltd (administrators appointed) [2022] FCA 1083 Re ABC Learning Centres Ltd; Application by Walker (No 8) (2009) 73 ACSR 478 Re Riviera Group Pty Ltd (2009) 72 ACSR 352 Re Strawbridge (No 2) (2020) 144 ACSR 347 Vickers, in the matter of JM Kelly Builders Pty Ltd (in liquidation) (No 2) [2019] FCA 1789