Dunn, in the matter Evolution Traffic Management Pty Ltd [2022] FCA 411

Dunn, in the matter Evolution Traffic Management Pty Ltd [2022] FCA 411

The best interests of the creditors are served by granting the requested extension for the convening period and modifying notice procedures, as the administrators have provided comprehensive steps undertaken and planned, and there are no objections from creditors.

Parties
First Applicant: Joanne Emily Dunn, John Richard Park and Kelly-Anne Lavina Trenfield in their capacity as joint and several administrators of Evolution Traffic Management Pty Ltd (Administrators Appointed); Second Applicant: Evolution Traffic Management Pty Ltd (Administrators Appointed)
Jurisdiction
Australia
Judgment Date
19 April 2022
Procedural Posture
Corporations Application Under Corporations Act / Application for Orders During Administration
Outcome
Orders granted as sought by the applicants.
Legal Topics
Administration of Companies, Extension of Convening Period, Meetings of Creditors, Notice to Creditors
Corporations Law Insolvency Administration of Companies Extension of Convening Period Meetings of Creditors Notice to Creditors

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Parties

Joanne Emily Dunn, John Richard Park and Kelly-Anne Lavina Trenfield in their capacity as joint and several administrators of Evolution Traffic Management Pty Ltd (Administrators Appointed)

First Applicant

Evolution Traffic Management Pty Ltd (Administrators Appointed)

Second Applicant

Procedural Posture

Corporations Application Under Corporations Act / Application for Orders During Administration

Legal Issues

  1. 1 Whether to extend the convening period for the second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth)
  2. 2 Whether to modify the operation of Part 5.3A under s 447A(1) of the Corporations Act 2001 (Cth)
  3. 3 Whether notifications to creditors can be made via email, post, and online portal

Ratio Decidendi

The best interests of the creditors are served by granting the requested extension for the convening period and modifying notice procedures, as the administrators have provided comprehensive steps undertaken and planned, and there are no objections from creditors.

Court Disposition

Orders granted as sought by the applicants.

Orders

  • The period for convening the second meeting of creditors is extended to 24 May 2022.
  • The second meeting may be held at any time during the extended period and five business days thereafter, notwithstanding s 439A(2).