Cook Cove Pty Ltd (Administrators Appointed); Boyd Cook Cove Finance Corporation Pty Ltd (Administrators Appointed); Applications of [2009] NSWSC 498

New South Wales Supreme Court

CITATION : Cook Cove Pty Ltd (Administrators Appointed); Boyd Cook Cove Finance Corporation Pty Ltd (Administrators Appointed); Applications of [2009] NSWSC 498

HEARING DATE(S) : 5 May 2009 JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 5 May 2009

DECISION : Application to extend convening period granted

CATCHWORDS : CORPORATIONS - Application for order extending convening period for second meeting of creditors, pursuant to s 439A(6) of the (CTH) Corporations Act 2001 - where key stakeholders consent to extension of time - where factors requiring administrators to proceed expeditiously are not significant - where return for creditors and public interest favour extension sought

LEGISLATION CITED : (CTH) Corporations Act 2001 s 439A(6)

CATEGORY : Procedural and other rulings

CASES CITED : Lombe v Australian Discount Retail Pty Limited [2009] NSWSC 110

Cook Cove Pty Ltd (Administrators Appointed) (first plaintiff) PARTIES : Boyd Cook Cove Finance Corporation Pty Ltd (Administrators Appointed) (second plaintiff) Stephen James Parbery, Mark Julian Robinson & Brett Stephen Lord in their capacity as joint & several administrators of Cook Cove Pty Ltd (Administrators Appointed) & Boyd Cook Cove Finance Corporation Pty Ltd (Administrators Appointed) (third plaintiff)

FILE NUMBER(S) : SC 2651/09

COUNSEL : JW Stevenson SC w Ms C Spruce (plaintiffs)

SOLICITORS : Henry Davis York (plaintiffs)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

BRERETON J