In the matter of Kavia Holdings Pty Limited (administrators appointed) (receivers and managers appointed) [2013] NSWSC 737

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kavia Holdings Pty Limited (administrators appointed) (receivers and managers appointed) [2013] NSWSC 737 Hearing dates: 9 May 2013 Decision date: 09 May 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Extension of convening period for second meeting of creditors granted. Catchwords: CORPORATIONS - management and administration - meetings - application for extension of convening period for second meeting of creditors - whether extension in best interest of companies' creditors - whether prejudice to any party. Legislation Cited: Corporations Act 2001 (Cth) ss 436C, 439A, 439A(6), 440B, 440D, 447A Cases Cited: - Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 - Mentha Re Hans Continental Smallgoods Pty Ltd (admins apptd) [2008] FCA 1933 - Owens Re RiverCity Motorway Pty Ltd (admins apptd) (recs and mgrs apptd) v Madden [2011] FCA 295 - Owens Re RiverCity Motorway Pty Ltd (admins apptd) (recs and mgrs apptd) v Madden (No 4) [2012] 1491; (2012) 92 ACSR 255 - Re ABC Learning Centres (admins apptd) (recs and mgrs apptd) (No 8) [2009] FCA 994; (2009) 73 ACSR 478 - Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 - Re Riviera Group Limited (admins apptd) (recs and mgrs apptd) [2009] NSWSC 585; (2009) 72 ACSR 352 - Silvia Re Austcorp Group Ltd (admin apptd) [2009] FCA 636 Category: Interlocutory applications Parties: Quentin Olde and Michael Ryan in their capacity as joint and several voluntary administrators of Kavia Holdings Pty Limited (administrators appointed) (receivers and managers appointed); Rocks Catering Pty Limited (administrators appointed) (receivers and managers appointed); BVH Management Pty Limited (administrators appointed) (receivers and managers appointed); Marsico Holdings Pty Limited (administrators appointed) (receivers and managers appointed); J&J O'Brien Pty Limited (administrators appointed) (receivers and managers appointed); Batent Holdings Pty Limited (administrators appointed) (receivers and managers appointed); Aldonet Pty Limited (administrators appointed) (receivers and managers appointed) (Plaintiffs) Representation: Counsel: M.R. Tyson (Plaintiffs) Solicitors: Allens (Plaintiffs) File Number(s): 2013/144099