In the matter of Parker Logan Property Pty Ltd [2021] NSWSC 792

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Parker Logan Property Pty Ltd [2021] NSWSC 792 Hearing dates: 21 June 2021 Decision date: 21 June 2021 Jurisdiction: Equity - Corporations List Before: Ward CJ in Eq Decision: (1) Order pursuant to s 439A(6) of the Corporations Act, that in respect of the defendant company, the convening period prescribed under s 439A(5) be extended to 15 June 2021. (2) Order pursuant to s 447A(1) of the Act that part 5.3A of the Act will operate in relation to the company as if the convening period fixed by s 439A(5) of the Act, for a meeting of the company's creditors ended at the end of 15 June 2021. (3) To the extent it may be necessary, order pursuant to s 1322(4) of the Act, that in respect of the company the convening period prescribed under s 439A(5) of the Act be extended to 15 June 2021. (4) Order pursuant to section 447A of the Act, that 5.3A of the Act operates in relation to the company in such a way that the administration of the company did not come to an end on 8 June 2021, notwithstanding that the convening period fixed by s 439A(5) ended without a meeting being convened in accordance with s 439A and without an application being made to the Court to extend the convening period under s 439A(6). (5) Note that the costs of bringing this application will be borne by the plaintiffs and will not form part of the costs of the administration of the company. (6) Order that these orders be entered forthwith. Catchwords: CORPORATIONS — Winding up — Conduct of liquidation — Meeting of creditors — Defect or irregularity — Powers of court in respect of irregularity Legislation Cited: Corporations Act 2001 (Cth), Pt 5.3A, ss 435C, 436E, 439A, 1322 Insolvency Practice Rules (Corporations) 2016 (Cth), r 77-225 Cases Cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270; [2000] HCA 30 BE Australia WD Pty Ltd (subject to a Deed of Company Arrangement) v Sutton (2011) 82 NSWLR 336; [2011] NSWCA 414 Byron Group Holdings Pty Ltd (admin apptd) [2016] NSWSC 1947 Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd subject to Deed of Company Arrangement) (2020) 149 ACSR 1; [2020] FCA 1395 Re Convergency Services Pty Ltd [2007] VSC 403 Re Foodora Australia Pty Ltd (admin apptd) [2018] NSWSC 1426 Re Riviera Group Pty Ltd (admin apptd) (recrs and mgrs appt) (2009) 72 ACSR 352; [2009] NSWSC 585 Re Strawbridge (in their capacity as joint and several administrators of CBCH Group Pty Ltd) (No 2) [2020] FCA 472 Re Telminex No Liability (2005) 54 ACSR 42; [2005] FCA 705 Category: Procedural rulings Parties: Christian Peter Sprowles and Brendan James Copeland (Plaintiffs) Parker Logan Property Pty Ltd (Defendant) Representation: Counsel: Ms L Hulmes (Plaintiffs) Solicitors: Henry William Lawyers (Plaintiffs) File Number(s): 2021/00174463 Publication restriction: Nil