In the matter of Postnet Australia Pty Ltd [2019] NSWSC 1260

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Postnet Australia Pty Ltd [2019] NSWSC 1260 Hearing dates: 3 September 2019 Date of orders: 03 September 2019 Decision date: 03 September 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made validating appointment of administrator and for adjournment of a second meeting of creditors. The Plaintiff's costs be paid out of the assets of the Defendant. Catchwords: CORPORATIONS – voluntary administration – application to validate appointment of administrator – where administrator purported to be appointed by sole director – where sole director at time was undischarged bankrupt by order of foreign court – whether validation of appointment would promote objects of Pt 5.3A of the Corporations Act 2001 (Cth).

CORPORATIONS – voluntary administration – meeting of creditors – application to extend convening period for second meeting of creditors – where business subject to potential sale – whether extension would be in best interests of creditors. Legislation Cited: - Corporations Act 2001 (Cth) Pt 5.3A; ss 128, 129, 206A(2), 206B, 206B(3), 439A, 447A - Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-140 Cases Cited: - Albarran v Pascoe [2006] NSWSC 418 - Calabretta v Redpen Developments Pty Ltd (in liq) (recs and mgrs apptd) [2010] FCA 81 - Re Foodora Australia Pty Ltd (admins apptd) [2018] NSWSC 1426 - Re Live Board Holdings Ltd (admins apptd) [2014] NSWSC 161 Category: Principal judgment Parties: Grahame Ward (Plaintiff) Postnet Australia Pty Ltd (Defendant) Representation: Counsel: H W Somerville (Plaintiff)