Sparks (Administrator), in the matter of IG Energy Holdings (Australia) Pty Ltd (Administrators Appointed) [2023] FCA 403

Federal Court of Australia

Sparks (Administrator), in the matter of IG Energy Holdings (Australia) Pty Ltd (Administrators Appointed) [2023] FCA 403 File number(s): QUD 155 of 2023

Judgment of: SARAH C DERRINGTON J

Date of judgment: 28 April 2023

Catchwords: CORPORATIONS – application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the convening period of second creditors meeting – where estimate of time has a reasonable basis – whether any material prejudice – where public interest in averting insolvency PRACTICE AND PROCEDURE – application for suppression order pursuant to s 37AF and s 37AG of the Federal Court of Australia Act 1976 (Cth) – where administrators' affidavit contains privileged information – where implied undertaking to maintain confidentiality

Legislation: Corporations Act 2001 (Cth), ss 439A(5), 439A(6), 447A(1), Schedule 2 Insolvency Practice Schedule (Corporations) s 90-15 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Insolvency Practice Rules (Corporations) 2016 (Cth) rr 75-15, 75-225(1)

Cases cited: Byrnes, in the matter of Murray River Organics Proprietary Limited (Administrators Appointed)(Receivers and Managers appointed) [2022] FCA 232 Hill, in the matter of Autocare Services Pty Ltd (administrators appointed) [2021] FCA 167 In the matter of Oventus Medical Limited (Administrators Appointed) [2022] FCA 840 In the matter of Riviera Group Pty Ltd (admins apptd) (recs & mgrs apptd) [2009] NSWSC 585 Killer, in the matter of Scooter Group Pty Ltd (Receivers and Managers Appointed)(Administrators Appointed) [2023] FCA 320 Strawbridge, in the matter of Virgin Australia Holdings Limited (administrators appointed) (No 2) [2020] FCA 717