Federal Court of Australia
Federal Court of Australia
Clubb (administrator), in the matter of Town Tavern Blacktown Pty Limited (administrators appointed) (receivers and managers appointed) [2024] FCA 405 File number(s): NSD 377 of 2024
Judgment of: HALLEY J
Date of judgment: 5 April 2024
Date of publication of reasons: 19 April 2024
Catchwords: CORPORATIONS – voluntary administration of company operating a business together with a group of companies – application under s 439A of the Corporations Act 2001 (Cth) to extend convening period of the second meeting of the creditors for six months – application for making of a "Daisytek" order and other ancillary orders – where assets of the group of companies are intertwined – where extension would allow administrators to retain assets necessary for business to continue trading to achieve best possible outcome from a sale – application granted – orders made
Legislation: Corporations Act 2001 (Cth) Pt 5.3A, ss 435A, 439A
Cases cited: Algeri, in the matter of WBHO Australia Pty Limited (Administrators Appointed) (No 2) [2022] FCA 234 Mableson (administrator), in the matter of Salena Estate Wines Pty Limited (administrators appointed) [2024] FCA 316 Mentha, in the matter of The Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 30
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 36
Date of hearing: 5 April 2024
Counsel for the Plaintiffs: Mr J Hynes with Mr A Berriman
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