Federal Court of Australia
Federal Court of Australia
Dixon, in the matter of Stanley Asphalt Pty Ltd (Administrator Appointed) [2023] FCA 1475 File number(s): VID 979 of 2023
Judgment of: O'BRYAN J
Date of judgment: 23 November 2023
Date of publication of reasons: 27 November 2023
Catchwords: CORPORATIONS – application pursuant to s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs must convene the second meeting of creditors under s 439A – other ancillary orders sought in relation to the conduct of the administration – whether appropriate case for extension of convening period – application granted and certain other ancillary orders made
Legislation: Corporations Act 2001 (Cth), Pt 5.3A, ss 435A, 436A, 438B, 439A, 439C, 440A, 440D, 447A, Sch 2, s 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth), r 75-225
Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 Bumbak (Administrator), in the matter of Duro Felguera Australia Pty Ltd (Administrators Appointed) [2020] FCA 422 Farnsworth v About Life Pty Ltd (Administrator Appointed), in the matter of About Life Pty Ltd [2019] FCA 11 Fincorp Group Holdings Pty Ltd [2007] NSWSC 363; 62 ACSR 192 In the matter of Belmont Sportsmans Club Co-Operative Ltd (Administrators Appointed) [2015] NSWSC 543 In the matter of Daisytek Australia Pty Ltd (Administrators Appointed) [2003] FCA 575; 45 ACSR 446 In the matter of Kavia Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2013] NSWSC 737 In the matter of LED Builders Pty Ltd (Administrators Appointed) [2008] NSWSC 633 Jahani, in the matter of Northern Energy Corporation Ltd (Administrators Appointed) (No 2) [2019] FCA 382 Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 Mentha, in the matter of Hans Continental Smallgoods Pty Ltd (Administrator Appointed) [2008] FCA 1933 Mighty River International Ltd v Hughes (2018) 265 CLR 480 Owen in their capacity as joint and several administrators of Rivercity Motorway Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 4) [2012] FCA 1491; 92 ACSR 255 Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 Re Riviera Group Pty Ltd (Administrator Appointed) (Receiver and Manager Appointed) [2009] NSWSC 585; 72 ACSR 352 Silvia, in the matter of Austcorp Group Ltd (Administrators Appointed) [2009] FCA 636 Sims, in the matter of Destra Corporation Ltd [2008] FCA 2002 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) (No 2) [2020] FCA 717; 144 ACSR 347
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