In the matter of BCD Resources NL (receivers and managers appointed) (administrators appointed) [2015] NSWSC 777

Supreme Court New South Wales

Medium Neutral Citation: In the matter of BCD Resources NL (receivers and managers appointed) (administrators appointed) [2015] NSWSC 777 Hearing dates: 6 May 2015 Decision date: 06 May 2015 Before: Black J Decision: Order extending convening period for second meeting of creditors made. Plaintiffs serve notice of these orders on all known secured creditors of the Company. Leave granted to the Plaintiffs, any director, creditor, contributory of the Company or any other person with a sufficient interest to apply on 3 days' notice to vary or extend the order extending time. The costs of this application be paid out of the administration of the company. Catchwords: CORPORATIONS – Administration – application for extension of convening period for second meeting of creditors – whether the Court should grant application to extend time for a second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) ss 436C, 439A, 439A(2), 439A(5), 439A(6), 447A Cases Cited: Re Owen, RiverCity Motorway Pty Ltd (admins apptd) (recs & mgrs apptd) v Madden (No 4) [2012] FCA 1491; (2012) 92 ACSR 255 Re Riviera Group Pty Ltd [2009] NSWSC 585; (2009) 72 ACSR 352 Category: Procedural and other rulings Parties: Gregory Winfield Hall and William Anthony Honner in their capacity as joint and several administrators of BCD Resources NL (receivers and managers appointed) (administrators appointed) (First Plaintiffs) BCD Resources NL (receivers and managers appointed) (administrators appointed) (Second Plaintiff) Representation: Counsel: S C Ipp (Plaintiffs)