Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tucker, in the matter of Aurora Metals Limited [2023] FCA 869 File number: WAD 167 of 2023
Judgment of: FEUTRILL J
Date of judgment: 27 July 2023
Date of publication of reasons: 31 July 2023
Catchwords: CORPORATIONS – voluntary administration – application by administrators under ss 439A and 447A of the Corporations Act 2001 (Cth) for extension of time for convening second meeting of creditors – objects of Part 5.3A of the Corporations Act – where extension of time in best interests of creditors as a whole – where extension of time will grant administrators time to make an informed recommendation – shorter period of extension granted
Legislation: Corporations Act 2001 (Cth) ss 436A, 436C, 436E, 438b(2), 439A(2), 439A(5)(b), 439A(6), 439C, 447A, 447A(1), 453A; Pt 5.3A Fair Entitlements Guarantee Act 2012 (Cth) s 49 Insolvency Practice Rules (Corporations) 2016 (Cth) rr 75-225, 75-225(3)(b)(i), (ii), (iii)
Cases cited: Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 1563 Pit N Portal Mining Services Pty Ltd v Aurora Metals Ltd (Administrators Appointed) [2023] FCA 762 Tucker, in the matter of Aurora Metals Limited (Administrators Appointed) [2023] FCA 761
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 30
Date of hearing: 27 July 2023
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