In the matter of Mosman Rowers Limited (Admin Apptd) [2018] NSWSC 1729

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mosman Rowers Limited (Admin Apptd) [2018] NSWSC 1729 Hearing dates: 5 September 2018 Decision date: 05 September 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The time for the Defendant to execute the Deed of Company Arrangement approved at the meeting of creditors on 13 August 2018 is extended to 5pm on 28 September 2018 pursuant to s 447A of the Corporations Act 2001 (Cth). This order has no effect unless, by 4pm on 6 September 2018, the Plaintiff delivers to the voluntary administrators a bank cheque in the amount of $13,500 to be applied to the costs of the voluntary administration in the period to 30 September 2018. Catchwords: CORPORATIONS – external administration – application for extension of time to execute a deed of company arrangement – where creditors would receive more favourable return if the deed of company arrangement is performed in accordance with its terms – where extension of the voluntary administration will expose the voluntary administrators to additional costs – whether extension of time to execute a deed of company arrangement should be granted subject to condition Legislation Cited: - Corporations Act 2001 (Cth) ss 444B, 447A Category: Principal judgment Parties: Timothy Charles James (Plaintiff) Mosman Rowers Limited (Admin Apptd) (Defendant) Representation: Counsel: T C James (Solicitor) (Plaintiff) M Callanan (Solicitor) (Defendant)

Solicitors: Gary Cassim & Associates (Plaintiff) Rankin Ellison Lawyers (Defendant) File Number(s): 2018/267895