In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) [2005] FCA 316

In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) [2005] FCA 316

Given the complexity of the HWE Group and the need for adequate time to assess and report on the administration, the convening period for creditors' meetings is extended as sought. No objections were raised by creditors or committees, and notification was given to all interested parties. Liberty to apply is granted to persons with sufficient interest.

Parties
First Plaintiff: Anthony Gregory McGrath; Second Plaintiff: Scott Bradley Kershaw; Third Plaintiff: Joseph David Hayes; Fourth Plaintiff: Shaun Robert Fraser; Fifth Plaintiff: Henry Walker Eltin Group Ltd
Jurisdiction
Australia
Judgment Date
16 February 2005
Procedural Posture
Corporations Voluntary Administration / Application to Extend Convening Period for Creditors' Meeting
Outcome
Orders granted as sought: convening period extended, directions made concerning meetings, and liberty to apply granted.
Legal Topics
Administration of Companies, Extension of Convening Period, Meetings of Creditors, Federal Jurisdiction
Corporations Law Administration of Companies Extension of Convening Period Meetings of Creditors Federal Jurisdiction

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Parties

Anthony Gregory McGrath

First Plaintiff

Scott Bradley Kershaw

Second Plaintiff

Joseph David Hayes

Third Plaintiff

Shaun Robert Fraser

Fourth Plaintiff

Henry Walker Eltin Group Ltd

Fifth Plaintiff

Procedural Posture

Corporations Voluntary Administration / Application to Extend Convening Period for Creditors' Meeting

Legal Issues

  1. 1 Whether the convening period for creditors' meetings under s 439A(1) Corporations Act 2001 (Cth) should be extended for Henry Walker Eltin Group Ltd and related entities
  2. 2 Whether orders should reserve liberty to interested parties to apply to modify or discharge the orders

Ratio Decidendi

Given the complexity of the HWE Group and the need for adequate time to assess and report on the administration, the convening period for creditors' meetings is extended as sought. No objections were raised by creditors or committees, and notification was given to all interested parties. Liberty to apply is granted to persons with sufficient interest.

Court Disposition

Orders granted as sought: convening period extended, directions made concerning meetings, and liberty to apply granted.

Orders

  • The period within which the administrators must convene meetings of creditors under s 439A is extended up to and including 23 May 2005.
  • Meetings of creditors may be held at any time during, or within 5 business days after, the extended convening period.