Albarran (Administrator), in the matter of Ashby Mining Limited (Receivers and Managers Appointed) (Administrators Appointed) [2024] FCA 1177

Federal Court of Australia

Albarran (Administrator), in the matter of Ashby Mining Limited (Receivers and Managers Appointed) (Administrators Appointed) [2024] FCA 1177 File number: WAD 259 of 2024

Judgment of: FEUTRILL J

Date of judgment: 18 September 2024

Date of publication of reasons: 11 October 2024

Catchwords: CORPORATIONS – application under s 439A(6) and s 447A of the Corporations Act 2001 (Cth) to extend convening period for second creditors' meeting of group companies in administration – Daisytek order – extension to facilitate sale of assets and potential to procure deed of company arrangement – limited access to group companies' financial information inability to produce meaningful and informative major report

Legislation: Corporations Act 2001 (Cth) ss 435A, 436C, 436E, 439A, 439A(2). 439A(5)(b), 439A(6), 439C, 447A; Pt 5.3A Insolvency Practice Rules (Corporations) 2016 (Cth) rr 75-225, 75-225(3)(b)(i), (ii), (iii)

Cases cited: Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 1563 Mighty River International Ltd v Hughes [2018] HCA 38; 265 CLR 480 Re Daisytek Australia Pty Ltd [2003] FCA 575, 45 ACSR 446 Re Virgin Australia Holdings Ltd (Administrators Appointed) (No 2) [2020] FCA 717, 144 ACSR 347

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 30

Date of hearing: 18 September 2024