NSW Caselaw
Reported Decision : 72 ACSR 352
New South Wales Supreme Court
CITATION : In the matter of Riviera Group Pty Ltd (admins apptd)(recrs & mgrs apptd) [2009] NSWSC 585
HEARING DATE(S) : 15 June 2009 JURISDICTION : Equity
JUDGMENT OF : Austin J
EX TEMPORE JUDGMENT DATE : 15 June 2009
DECISION : Extension of convening period granted, as sought
CATCHWORDS : CORPORATIONS - voluntary administration - extension of convening period for creditors' meeting - whether court should be predisposed against extension - "balancing" principle - relevant discretionary considerations - modification of s 439A under s 447A(1) to permit meeting to be held during extended period
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 439A, 447A
ABC Learning Centres Ltd, in the matter of ABC Learning Centres Ltd; application by Walker (No 5) [2008] FCA 1947 ABC Learning Centres Ltd, in the matter of ABC Learning Centres Ltd; application by Walker (No 7) [2009] FCA 454 Carter, in the matter of SFM Australasia Pty Ltd (Administrators Appointed) ACN 105 317 333 (No 2) [2009] FCA 419 Deputy Commissioner of Taxation v Scottsdale Homes No 3 Pty Ltd (No 2) [2009] FCA 190 Deputy Commissioner of Taxation v Wellnora Pty Limited [2007] FCA 1324 Ex parte Vouris; in the matter of Marrickville Bowling and Recreation Club Ltd (under Administration) [2008] DCA 622 Fincorp Group Holdings Pty Ltd & Ors [2007] NSWSC 363 Fitzgerald, in the matter of Primebroker Securities Limited (Administrator Appointed) (Receivers and Managers Appointed) [2008] FCA 1247 Hall, in the matter of Australian Capital Reserve Limited (Administrators Appointed) [2007] FCA 1328 In the matter of LED Builders Pty Ltd (Administrators Appointed); LED Builders Pty Ltd (Administrators Appointed) and Ors [2008] NSWSC 633 In the matter of Lift Capital Partners Ltd (Administrators Appointed) [2008] NSWSC 446 Lehman Bros Australia Ltd [2008] NSWSC 1132 Lombe Re Australian Discount Retail Pty Ltd [2009] NSWSC 110 Lombe, Re Babcock & Brown Ltd (Administrators Appointed) [2009] FCA 349 CASES CITED : Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 Re Allbuild Construction Co Pty Ltd (admins apptd) [2000] WASC 227 Re Ansett Australia & Ors (All Admin Appointed) and Korda and Anor (As Administrators) [2002] FCA 90 Re Daisytek Australia Pty Ltd (admins apptd) (2003) 21 ACLC 1140 Re Diamond Press Australia Pty Ltd [2001] NSWSC 311 Re Georges, Midas Australia Pty Ltd (admin apptd) [2009] FCA 38 Re Hayes; Estate Property Group Ltd [2007] FCA 935 Re Levi (1996) 19 ACSR 521 Re Octaviar Limited (Administrators Appointed) (Receivers and Managers Appointed (ACN 107 863 436) [2008] QSC 272 Re S & D International Pty Ltd (in liq); Malhotra v Tiwari [2005] VSC 496 Re Witta Coola Pastoral Co Pty Ltd [1999] NSWSC 148 Silvia, in the matter of Austcorp Group Ltd (Administrators Appointed) [2009] FCA 636 Sims, in the matter of Destra Corporation Ltd [2008] FCA 2002 Stewart, in the matter of Kleins Franchising Pty Ltd (Administrators Appointed) (ACN 007 348 236) [2008] FCA 721 Uni-Aire Security Pty Ltd (Administrators Appointed) ACN 085 430 619, in the matter of Uni-Aire Security Pty Ltd (Administrators Appointed) ACN 085 430 619 [2006] FCA 1423 Worrell; Re Storm Financial Ltd (Receivers and Managers Appointed) [2009] FCA 70
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