Warwick, in the matter of BWX Ltd (Receivers and Managers Appointed) (Administrators Appointed) (No 2) [2023] FCA 1395

Federal Court of Australia

Warwick, in the matter of BWX Ltd (Receivers and Managers Appointed) (Administrators Appointed) (No 2) [2023] FCA 1395 File number(s): VID 272 of 2023

Judgment of: MCEVOY J

Date of judgment: 26 October 2023

Date of publication: 10 November 2023

Catchwords: CORPORATIONS – application for second extension of convening period under s 477A of the Corporations Act 2001 (Cth) – complex administration with active sale process underway – convening period extended further

Legislation: Corporations Act 2001 (Cth) ss 439A, 447A, Pt 5.3A Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG(1)(a)

Cases cited: Gothard, Re Sherwin Iron Ltd (No 2) [2015] FCA 401 Hayes, in the matter of Parcelpoint Pty Ltd (Administrator Appointed) [2022] FCA 1136 Hill, in the matter of Autocare Services Pty Ltd (Administrators Appointed) [2021] FCA 167 Hutton, in the matter of Triple MMM Holdings Pty Ltd (Administrators Appointed) [2023] FCA 124 Park, in the matter of Collection House Limited (Administrators Appointed) [2022] FCA 1083 Pleash, in the matter of Consolidated Tin Mines Limited (Administrators Appointed) [2016] FCA 931 Re Daisytek Australia Pty Ltd [2003] FCA 575; (2003) 45 ACSR 446 Re Lombe; Australian Discount Retail Pty Ltd [2009] NSWSC 110 Scott, in the matter of Tzukuri Pty Ltd (Administrators Appointed) [2018] FCA 16 Sparks, in the matter of IG Energy Holdings (Australia) Pty Ltd (No 3) [2023] FCA 1002 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) (No 7) [2020] FCA 1182 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717 Ten Sixty Four Limited, in the matter of Ten Sixty Four Limited [2023] FCA 862 Warwick, in the matter of BWX (Receivers and Managers Appointed) (Administrators Appointed) [2023] FCA 465