ANE Furniture v Carodaba [2009] NSWSC 220

New South Wales Supreme Court

CITATION : ANE Furniture v Carodaba [2009] NSWSC 220

HEARING DATE(S) : 12 March 2009

JUDGMENT DATE : 12 March 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 12 March 2009

DECISION : Order that the claim for relief in para 4 of the originating process be dismissed.

CATCHWORDS : CORPORATIONS - voluntary administration - creditors' meeting - application for adjournment of creditors' meeting - application dismissed

LEGISLATION CITED : Corporations Act 2001 (Cth)

CATEGORY : Procedural and other rulings

CASES CITED : Bovis Lend Lease Pty Ltd v Wily [2003] NSWSC 467; 21 ACLC 1737 McVeigh v Linen House Pty Ltd (No. 3) [2000] VSCA 4; (2000) 1 VR 31

ANE Furniture Pty Ltd PARTIES : v Carodaba Pty Ltd

FILE NUMBER(S) : SC 1876/09

COUNSEL : Plaintiff: J E Thomson Defendant: R Newlinds SC

SOLICITORS : Plaintiff: Gillis Delaney Lawyers Defendant: n/a

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

WHITE J

Thursday, 12 March 2009

1876/09 ANE Furniture Pty Ltd v Carodaba Pty Ltd JUDGMENT 1 HIS HONOUR: This is an application for an order to require the meeting of creditors of the first defendant, scheduled for 10.15am tomorrow, to be adjourned until 1 May 2009. That meeting is the second meeting of creditors convened to be held pursuant to s 439A of the Corporations Act 2001 (Cth). 2 The first defendant is a company in administration. The second defendant, Mr Dean-Willcocks, was appointed as administrator on 6 February 2009. The plaintiff is a creditor of the first defendant. It also seeks by way of final relief an order that Mr Dean-Willcocks be removed as administrator and that a Mr Gleeson be appointed as administrator in his stead. This relief is sought pursuant to s 449B. An alternative order sought is that Mr Gleeson be joint administrator of the first defendant for certain identified purposes. That application is not pursued today as it was premised upon the Court being of the view that Mr Dean-Willcocks ought not to remain as sole administrator of the company. 3 These proceedings were commenced yesterday. Barrett J made orders for short service. The second defendant was not in a position to deal with the claims made in respect of his independence and impartiality in the very limited time available. Accordingly, the application today has been confined to the application to require the meeting of creditors to be adjourned.