Federal Court of Australia
Federal Court of Australia
Cummins, in the matter of New Wilkie Energy Pty Limited (Administrators Appointed) [2024] FCA 1 File number: NSD 4 of 2024
Judgment of: LEE J
Date of judgment: 4 January 2024
Catchwords: CORPORATIONS – voluntary administration of New Wilkie Energy mining companies – application pursuant to ss 443B(8) and 447A(1) of the Corporations Act 2001 (Cth) (Corporations Act) to extend the time by which the administrators' are not liable under ss 443A(1)(c) and 443B(2) and the period under s 443B(3) – whether extension is consistent with the objects of Pt 5.3A of the Corporations Act – application granted
Legislation: Corporations Act 2001 (Cth) Pt 5.3A, ss 440C, 443A, 443B, 443B(2), 443B(3), 443B(8), 447A(1)
Cases cited: Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) [2022] FCA 169 McCallum, in the matter of TM Lewin Australia Pty Ltd (Administrators Appointed) [2020] FCA 992 Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472 Silvia v FEA Carbon Pty Ltd [2010] FCA 515; (2010) 185 FCR 301 Wells Fargo Trust Co, National Association (as trustee) v VB Leaseco Pty Ltd (administrators appointed) [2020] FCA 1269
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 40
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