In the matter of Evcorp Grains Pty Limited [2014] NSWSC 72

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Evcorp Grains Pty Limited [2014] NSWSC 72 Hearing dates: 3 February 2014 Decision date: 03 February 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Orders pursuant to Corporations Act, s 1322(4)(a) in accordance with paragraphs 1, 2, 3 and 4 of originating process Catchwords: CORPORATIONS - external administration - where administrator inadvertently failed to be present at time appointed for second creditors' meeting - where purported delegate adjourned the meeting so as to secure the administrator's presence - where meeting then resolved that the company be wound up - where order sought validating the appointment of a delegate to chair the meeting, its adjournment, and the subsequent resolution of the second meeting of the creditors - where no prejudice occasioned to the plaintiff or the supporting creditor if the order were made - order made Legislation Cited: (Cth) Corporations Act 2001, s 233, s 439B, s 446A(1)(a), s 447A(1), s 459A, s 459B, s 461, s 467B, s 1322(4)(a) Cases Cited: Bovis Lend Lease Pty Ltd v Wily [2003] NSWSC 467 Category: Principal judgment Parties: 13/ 325744 1st Fleet Pty Limited (in liquidation) (plaintiff) Evcorp Grains Pty Limited (defendant) 14/23864 Alan John Hayes in his capacity as administrator of Evcorp Grains Pty Ltd (plaintiff) 1st Fleet Pty Ltd (defendant) Representation: Counsel: 13/ 325744 B DeBuse (plaintiff) C M Harris SC (defendant) 14/ 23864 J Taylor (plaintiff) P Conway (creditor) B DeBuse (defendant) Solicitors: 13/ 325744 Coleman Greig Lawyers (plaintiff) Colin Biggers & Paisley (defendant) 14/ 23864 Colin Biggers & Paisley (plaintiff) Coleman Greig Lawyers (defendant) File Number(s): 2013/325744; 2014/23864