Federal Court of Australia
Federal Court of Australia
Senatore (Administrator), in the matter of Wambuwayyn Pty Limited [2023] FCA 1207 File number(s): ACD 56 of 2023
Judgment of: SHARIFF J
Date of judgment: 10 October 2023
Catchwords: CORPORATIONS – application for an extension of time to convene second meeting of creditors – ss 439A(6) and 447A(a) Corporations Act 2001 (Cth) – administrator appointed – discretion exercised to extend time to convene a second meeting of creditors
Legislation: Corporations Act 2001 (Cth) ss 439A(2), 439A(6), 447A(1) Insolvency Practice Rules (Corporations) 2016 (Cth) r 75- 225(1), 75-15
Cases cited: ABC Learning Centres Ltd, in the matter of ABC Learning Centres Ltd; application by Walker (No 5) [2008] FCA 1947 ABC Learning Centres Ltd, in the matter of ABC Learning Centres Ltd; application by Walker (No 7) [2009] FCA 454 Algeri, in the matter WBHO Australia Pty Ltd (Administrator Appointed) (No 2) [2022] FCA 234 Carter, in the matter of SFM Australasia Pty Ltd (Administrators Appointed) ACN 105 317 333 (No 2) [2009] FCA 419 Deputy Commissioner of Taxation v Scottsdale Homes No 3 Pty Ltd (No 2) [2009] FCA 190 Ex parte Vouris; in the matter of Marrickville Bowling & Recreation Club Ltd (under administration) [2008] FCA 622 Fincorp Group Holdings Pty Ltd & Ors [2007] NSWSC 363 Fitzgerald, in the matter of Primebroker Securities Limited (Administrator Appointed) (Receivers and Managers Appointed) [2008] FCA 1247 Hall, in the matter of Australian Capital Reserve Limited (Administrators Appointed) [2007] FCA 1328 LED Builders Pty Ltd (Administrators Appointed), in the matter of LED Builders Pty Ltd (Administrators Appointed) and Ors [2008] NSWSC 633 Lombe re Australian Discount Retail Pty Ltd [2009] NSWSC 110 Lombe, in the matter of Babcock & Brown Ltd (Administrators Appointed) [2009] FCA 349 Mighty River International v Hughes [2018] HCA 38; (2018) 265 CLR 480 Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 Re Riviera Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2009] NSWSC 585; 72 ACSR 352 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 Re Octaviar Limited (Administrators Appointed) (Receivers and Managers Appointed (ACN 107 863 436) [2008] QSC 272 Silvia, in the matter of Austcorp Group Ltd (Administrators Appointed) [2009] FCA 636 Sims, in the matter of Destra Corporation Ltd [2008] FCA 2002 Stewart, in the matter of Kleins Franchising Pty Ltd (Administrators Appointed) (ACN 007 348 236) [2008] FCA 721 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, in the matter of Storm Financial Ltd (Receivers and Managers Appointed) [2009] FCA 70
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