Albarran v Prescription Healthcare [2005] NSWSC 347

New South Wales Supreme Court

CITATION : Albarran v Prescription Healthcare [2005] NSWSC 347

HEARING DATE(S) : 8 April 2005

JUDGMENT DATE : 8 April 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Convening period extended

CATCHWORDS : CORPORATIONS - voluntary administration - application to extend convening period under section 439A(6) Corporations Act 2001 (Cth) - available where validity of appointment of administrators in question - desirability of an order extending convening period to a fixed date rather than to a date ascertainable by inquiring whether other events have occurred

LEGISLATION CITED : Corporations Act 2001 (Cth)

Richard Albarran - First Plaintiff Geoffrey McDonald - Second Plaintiff Prescription Healthcare Limited (Administrators Appointed) - First Defendant Penplaza Medical Centre Pty Ltd (Administrators Appointed) - Second Defendant Penplaza Medical Holdings Pty Ltd (Administrators Appointed) - Third Defendant Digital Diagnostic Holdings Pty Ltd (Administrators Appointed) - Fourth Defendant Digital Diagnostic X-Ray Pty Ltd (Administrators Appointed) - Fifth Defendant DDX Holdings (Penrith) Pty Ltd (Administrators Appointed) - Sixth Defendant PARTIES : Lifespan Medical Imaging Pty Ltd (Administrators Appointed) - Seventh Defendant Body Scan Australia Pty Ltd (Administrators Appointed) - Eighth Defendant Lifespan Medical Imaging (Brisbane) Pty Ltd (Administrators Appointed) - Ninth Defendant Full Body Scan Pty Ltd (Administrators Appointed) - Tenth Defendant Total Body Scan Pty Ltd (Administrators Appointed) - Eleventh Defendant Gold Coast Healthcare Limited (Administrators Appointed) - Twelfth Defendant Lifespan Medical Imaging (Gold Coast) Pty Ltd (Administrators Appointed) - Thirteenth Defendant