Rose, in the matter of Cowch Holdings Pty Ltd (Administrators Appointed) [2023] FCA 413

Federal Court of Australia

Rose, in the matter of Cowch Holdings Pty Ltd (Administrators Appointed) [2023] FCA 413 File number: QUD 132 of 2023

Judgment of: DERRINGTON J

Date of judgment: 14 April 2023

Date of publication of reasons: 3 May 2023

Catchwords: CORPORATIONS – administration – application to extend time for the convening of second meeting of creditors – complex business arrangement involving group of several companies – endeavours to facilitate sale of the business as a going concern – administrators hampered by insufficient access to books and records – no opposition from creditors – application granted

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

Cases cited: ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No 5) [2008] FCA 1947 Bumbak (Administrator), in the matter of Duro Felguera Australia Pty Limited (Administrators Appointed) [2020] FCA 422 Deputy Commissioner of Taxation v Scottsdale Homes No 3 Pty Ltd (No 2) (2009) 75 ATR 98 Eagle, in the matter of Techfront Australia Pty Limited (administrators appointed) (No 2) [2020] FCA 618 Ex parte Vouris; in the matter of Marrickville Bowling & Recreation Club Ltd (under administration) [2008] FCA 622 Farnsworth in his capacity as voluntary administrator, in the matter of Monorant Pty Limited (administrator appointed) [2013] FCA 949 Farnsworth v About Life Pty Ltd (Administrator Appointed), in the matter of About Life Pty Ltd [2019] FCA 11 Fitzgerald, in the matter of Primebroker Securities Limited (Administrator Appointed) (Receivers and Managers Appointed) [2008] FCA 1247 Jahani, in the matter of Northern Energy Corporation Ltd (Administrators Appointed) (No 2) [2019] FCA 382 Lombe, in the matter of Babcock & Brown Limited (Administrators Appointed) [2009] FCA 349 Lombe, Re Australian Discount Retail Pty Ltd [2009] NSWSC 110 Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 Mighty River International Limited v Hughes (2018) 265 CLR 480 Owen v Madden (No 4) (2012) 92 ACSR 255 Pleash, in the matter of Consolidated Tin Mines Limited (Administrators Appointed) [2016] FCA 931 Rathner, in the matter of Citius Property Pty Ltd (Administrator Appointed) [2023] FCA 26 Re an application by Horne & Vrsecky [2010] VSC 657 Re Chemeq Ltd (Administrators Appointed) (Receivers and Managers Appointed), ex parte McMaster [2007] WASC 154 Re Daisytek Australia Pty Ltd (2003) 45 ACSR 446 Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 Re Foodora Australia Pty Ltd (Administrators Appointed) [2018] NSWSC 1426 Re Harrisons Pharmacy Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) [2013] FCA 458 Re Kavia Holdings Pty Ltd (administrators appointed) (receivers and managers appointed) [2013] NSWSC 737 Re Mentha, in the matter of Hans Continental Smallgoods Pty Ltd (Administrators Appointed) [2008] FCA 1933 Re Riviera Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (2009) 72 ACSR 352 Silvia, in the matter of Austcorp Group Limited (Administrators Appointed) [2009] FCA 636 Stewart, in the matter of Kleins Franchising Pty Ltd (Administrators Appointed) (ACN 007 348 236) [2008] FCA 721 Strawbridge (Administrator) v Retail Holdings Pty Ltd (Administrators Appointed), In the Matter of Retail Adventures Holdings Pty Ltd (Administrators Appointed) [2013] FCA 151 Uni-Aire Security Pty Ltd (Administrators Appointed) ACN 085 430 619, in the matter of Uni-Aire Security Pty Ltd (Administrators Appointed) ACN 085 430 619 [2006] FCA 1423 Worrell; Re Storm Financial Ltd (Receivers and Managers Appointed) (2009) 69 ACSR 584