Colley, in the matter of PF Group Holdings Pty Ltd (Administrators Appointed) [2024] FCA 792

FEDERAL COURT OF AUSTRALIA

Colley, in the matter of PF Group Holdings Pty Ltd (Administrators Appointed) [2024] FCA 792 File number(s): NSD 927 of 2024

Judgment of: SHARIFF J

Date of judgment: 18 July 2024

Catchwords: CORPORATIONS – application for extension of time to convene second meeting of creditors – ss 439A and 447A of the Corporations Act 2001 (Cth) – administrators appointed – discretion exercised to extend time to convene second meeting of creditors

Legislation: Corporations Act 2001 (Cth) ss 435A, 436C, s 439A, 447A

Cases cited: ABC Learning Centres Ltd, in the matter of ABC Learning Centres Ltd; application by Walker (No 5) [2008] FCA 1947 ABC Learning Centres Ltd, in the matter of ABC Learning Centres Ltd; an application by Walker (No 7) [2009] FCA 454 Albarran, in the matter of Bonza Aviation Pty Ltd (Administrators Appointed) [2024] FCA 575 Algeri, in the matter WBHO Australia Pty Ltd (Administrator Appointed) (No 2) [2022] FCA 234 Carter, in the matter of SFM Australasia Pty Ltd (Administrators Appointed) ACN 105 317 333 (No 2) [2009] FCA 419 Clubb (administrator), in the matter of Town Tavern Blacktown Pty Limited (administrators appointed) (receivers and managers appointed) [2024] FCA 405 Crawford, in the matter of North Queensland Heavy Haulage Services Pty Ltd (Administrators Appointed) [2017] FCA 635 Deputy Commissioner of Taxation v Scottsdale Homes No 3 Pty Ltd (No 2) [2009] FCA 190 Ex parte Vouris; in the matter of Marrickville Bowling & Recreation Club Ltd (under Administration) [2008] FCA 622 Fincorp Group Holdings Pty Ltd & Ors [2007] NSWSC 363 Fitzgerald, in the matter of Primebroker Securities Limited (Administrator Appointed) (Receivers and Managers Appointed) [2008] FCA 1247 Hall, in the matter of Australian Capital Reserve Limited (Administrators Appointed) [2007] FCA 1328 In the matter of BBY Limited [2015] NSWSC 974 at [7]; Gothard, in the matter of Jewel of India Holdings Pty Ltd (Administrators Appointed) [2019] FCA 1289 LED Builders Pty Ltd (Administrators Appointed), in the matter of LED Builders Pty Ltd (Administrators Appointed) and Ors [2008] NSWSC 633 Lombe re Australian Discount Retail Pty Ltd [2009] NSWSC 110 Lombe, in the matter of Babcock & Brown Ltd (Administrators Appointed) [2009] FCA 349 Mighty River International v Hughes [2018] HCA 38; (2018) 265 CLR 480 Quinlan, in the matter of Halifax Investment Services Pty Ltd (Administrators Appointed) [2018] FCA 1891 Re Octaviar Limited (Administrators Appointed) (Receivers and Managers Appointed (ACN 107 863 436) [2008] QSC 272 Re Riviera Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2009] NSWSC 585; 72 ACSR 352 Silvia, in the matter of Austcorp Group Limited (Administrators Appointed) [2009] FCA 636 Silvia, in the matter of Austcorp Group Ltd (Administrators Appointed) [2009] FCA 636 Sims, in the matter of Destra Corporation Ltd [2008] FCA 2002 Stewart, in the matter of Kleins Franchising Pty Ltd (Administrators Appointed) (ACN 007 348 236) [2008] FCA 721 Stimpson, in the matter of Eagle Boys Dial-A-Pizza Australia Pty Ltd (Administrators Appointed) v Eagle Boys Dial-A-Pizza Australia Pty Ltd (Administrators Appointed) [2016] FCA 935 Uni-Aire Security Pty Ltd (Administrators Appointed) ACN 085 430 619, in the matter of Uni-Aire Security Pty Ltd (Administrators Appointed) ACN 085 430 619 [2006] FCA 1423 Worrell, in the matter of Storm Financial Ltd (Receivers and Managers Appointed) [2009] FCA 70