Federal Court of Australia
Federal Court of Australia
Nikitins, in the matter of Western Hospital Pty Ltd (Administrators Appointed) [2024] FCA 472 File number: SAD 27 of 2024
Judgment of: BESANKO J
Date of judgment: 22 February 2024
Date of publication of reasons: 7 May 2024
Catchwords: CORPORATIONS — application under ss 439A(6) and 447A(1) of the Corporations Act 2001 (Cth) (the Act) and, to the extent necessary, under s 90–15 of the Insolvency Practice Schedule (Corporations), being schedule 2 to the Act (IPS) — where administrators appointed on 29 January 2024 — where first meeting of creditors held on 8 February 2024 — where extension of time for second creditors meeting sought to allow administrators to progress sale or restructure — whether the extension of time is in the best interests of the creditors — whether it is in the best interests of the company to enter into a Funding Deed — application under s 447A(1) of the Act and s 90-15 of the IPS to vary operation of ss 443A and 443E(5) of the Act — applications granted
Legislation: Corporations Act 2001 (Cth) ss 435A, 439, 439A, 443A, 443D, 443E, 447A, 556, Part 5.3A, Sch 2 ss 75-225, 90-15
Cases cited: Birch, in the matter of Geelong Fire Services Pty Ltd (Administrators Appointed) [2022] FCA 963 Ford, re Ten Sixty Four Limited [2023] FCA 862 Mentha, in the matter of Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 1469; (2010) 82 ACSR 142 Re Unlocked Limited (Administrators Appointed) [2018] VSC 345 Sparks (Administrator) in the matter of IG Energy Holdings (Australia) Pty Ltd (Administrators Appointed) [2023] FCA 403 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717; (2020) 144 ACSR 347
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