New South Wales Supreme Court CITATION : Green, The Application of [1999] NSWSC 1286 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 5103/99 HEARING DATE(S) : 17 December 1999 JUDGMENT DATE : 17 December 1999 Martin John Green (P1) PARTIES : Vista Commercial Contruction Pty Ltd (Voluntary Administrator Appointed) (P2) Vista Commercail Construction (NSW) Pty Ltd (Voluntary Administrator Appointed) (P3) Vista Commercial Construction (NT) Pty Ltd (Voluntary Administrator Appointed) (P4) JUDGMENT OF : Hamilton J COUNSEL : J T Johnson (P1-4) SOLICITORS : Nash O'Neill Tomko (P1-4) CATCHWORDS : CORPORATIONS [180] - Voluntary administration - Creditors' meeting - Application to extend time to convene - Relevant considerations - Meeting date falling between Christmas and New Year. ACTS CITED : Corporations Law, s 439A(6) DECISION : Time to convene meeting extended. THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION HAMILTON J FRIDAY, 17 DECEMBER 1999 5103/99 THE APPLICATION OF MARTIN JOHN GREEN & ORS JUDGMENT 1 HIS HONOUR: This is an application for the Court under s 439A(6) of the Corporations Law to extend the convening period in respect of three companies which are respectively the second, third and fourth plaintiffs. The reason for the order being sought is a slightly unusual one. 2 The requirement of the Corporations Law, without the order being made, is that the meeting would have to be held no later than 30 December 1999. The three companies in administration are companies in the construction industry. The administrator is troubled that, if the meeting must be held in the period between Christmas and New Year, there would, by reason of the ordinary exigencies of life, be few creditors or other relevant people who would attend the meeting at that time, whereas he is of the view that as many of those people as possible should attend at the meeting. He asks that the convening period be extended until 14 January 2000, so that the meeting can be held in the second half of January when the attention of more of the relevant people is likely to be given to the business. This seems to me to be a reasonable and sensible course, and I propose to grant an extension of the convening period accordingly. 3 The orders I make are as follows: 1 I grant leave to the plaintiff to file the summons initialled by me returnable instanter. 2 I dispense with service of the summons. 3 Orders in accordance with short minutes initialled by me and placed with the papers. …oOo… Last Modified: 06/26/2000 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.