In the matter of Hamelin Brands Pty Ltd [2021] NSWSC 137

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hamelin Brands Pty Ltd [2021] NSWSC 137 Hearing dates: 23 February 2021 Date of orders: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the convening period of the second meeting of the creditors be extended up to and including 30 April 2021 and may be convened at any time before, or within, 5 business days after that date; order that notice of the second meeting may be given to creditors by email; order that costs of and incidental to this application be costs and expenses in the administration of and be paid out of the assets of the company. Catchwords: CORPORATIONS – voluntary administration – second meeting of creditors – application for extension of convening period under Corporations Act 2001 (Cth) s 439A – no issue of principle Legislation Cited: Corporations Act 2001 (Cth), ss 436A, 439A, 447A, Part 5.3A Insolvency Practice Rules (Corporations) 2016 (Cth), rr 75-15, 75-225 Insolvency Practice Schedule (Corporations), r 90-15 Cases Cited: Re Strawbridge (in their capacity as joint and several voluntary administrators of each of Virgin Australia Holdings Ltd (admins apptd) (ACN 100 686 226)) and Others (No 2) (2020) 144 ACSR 347 Category: Procedural rulings Parties: Riad Tayeh and Sueleen McCallum in their capacity as joint and several administrators of Hamelin Brands Pty Ltd ACN 000 994 310 (Administrators Appointed) (First Plaintiffs) Hamelin Brands Pty Ltd ACN 000 994 310 (Administrators Appointed) (Second Plaintiff) Representation: Counsel: Mr D Krochmalik (Plaintiffs)