In the matter of Abterra Australia Pty Limited (administrator appointed) [2018] NSWSC 1730

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Abterra Australia Pty Limited (administrator appointed) [2018] NSWSC 1730 Hearing dates: 12 September 2018 Decision date: 12 September 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The date for convening the second meeting of creditors of the Plaintiff is extended to 18 December 2018 pursuant to s 439A(6) of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS – external administration – application under s 439A(6) of the Corporations Act 2001 (Cth) for order extending the convening period for the second meeting of creditors of company – where significant risk that value of company's assets will be lost if company passes into voluntary liquidation – where extension of convening period allows prospect of a return to creditors – whether convening period for the second meeting of creditors of company should be extended. Legislation Cited: - Corporations Act 2001 (Cth) ss 439A, 443D, 447A - Mining Act 1992 (NSW) Cases Cited: - Australian World-Wide Pty Limited v Palmer [2014] NSWSC 141 - Mann v Abruzzi Sports Club Ltd (1994) 12 ACSR 611 - Owen; Re RiverCity Motorway Pty Ltd (admins apptd) (recs and mgrs apptd) v Madden (No 4) [2012] FCA 1491; (2012) 92 ACSR 255 - Re Diamond Press Australia Pty Ltd [2001] NSWSC 313 Category: Principal judgment Parties: Ahmad Zeidan in his capacity as voluntary administrator of Abterra Australia Pty Ltd (admin apptd) Representation: Counsel: J R Anderson (Plaintiff)

Solicitors: Bridges Lawyers (Plaintiff) File Number(s): 2018/279848