Resnick, in the matter of Toplace Pty Ltd (administrators appointed) [2023] FCA 1086

Federal Court of Australia

Resnick, in the matter of Toplace Pty Ltd (administrators appointed) [2023] FCA 1086 File number(s): NSD 780 of 2023

Judgment of: GOODMAN J

Date of judgment: 1 August 2023

Date of publication of reasons: 14 September 2023

Catchwords: CORPORATIONS – complex administration of a group of companies – applications for: an extension of the convening period under s 439A of the Corporations Act 2001 (Cth); an order that the administrators are not required to maintain a separate administration account for each company under administration; and orders varying the time for the provision of information to creditors and the method of providing such information – applications granted

Legislation: Corporations Act 2001 (Cth), ss 435A, 438A, 438B, 439A, 447A; Sch 2, ss 65-5, 65-10, 65-15, 65-25, 65-45, 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth), ss 70-1, 75-15, 75-225

Cases cited: Algeri, in the matter of BHO Australia Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 234 Ford, in the matter of Ten Sixty Four Limited [2023] FCA 862 In the matter of BBY Limited [2015] NSWSC 974 Korda, in the matter of Ten Network Holdings Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] FCA 114; (2017) 35 ACLC 17-044 Mighty River International Ltd v Hughes [2018] HCA 38; (2018) 265 CLR 480 Stimpson, in the matter of Eagle Boys Dial-A-Pizza Australia Pty Ltd (Administrators Appointed) v Eagle Boys Dial-A-Pizza Australia Pty Ltd (Administrators Appointed) [2016] FCA 935 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) [2020] FCA 571; (2020) 144 ACSR 310 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) (No 2) [2020] FCA 717; (2020) 144 ACSR 347