Re Open Telecommunications Ltd; Ex parte Robert William Whitton and Peter George Yates as Joint Administrators [2002] NSWSC 930

Re Open Telecommunications Ltd; Ex parte Robert William Whitton and Peter George Yates as Joint Administrators [2002] NSWSC 930

In light of evidence provided and the need to facilitate proper creditor notification, an extension of twenty-one days is granted for the holding of the adjourned creditors' meeting pursuant to s 447A of the Corporations Act 2001.

Jurisdiction
Australia
Judgment Date
27 September 2002
Procedural Posture
Corporations—administration / Application for Extension of Adjourned Creditors' Meeting
Outcome
Orders made extending the period for holding the adjourned creditors' meeting and detailing machinery for notification.
Legal Topics
['administration' "creditors' Meeting" 'adjournment of Meeting' 'extension of Time']
['corporations'] ['administration' "creditors' Meeting" 'adjournment of Meeting' 'extension of Time']

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Procedural Posture

Corporations—administration / Application for Extension of Adjourned Creditors' Meeting

Legal Issues

  1. 1 ['Whether the court should extend the date of the adjourned second meeting of creditors under s 447A of the Corporations Act 2001']

Ratio Decidendi

In light of evidence provided and the need to facilitate proper creditor notification, an extension of twenty-one days is granted for the holding of the adjourned creditors' meeting pursuant to s 447A of the Corporations Act 2001.

Court Disposition

Orders made extending the period for holding the adjourned creditors' meeting and detailing machinery for notification.

Orders

  • ['Pursuant to s 447A of the Corporations Act, time in s 439B(2) for holding the adjourned meeting of creditors is extended to 28 October 2002.' "The meeting is to be treated as adjourned to a time and place to be notified by the plaintiffs, provided eligible creditors are given at least five clear days' notice."...