Kogan (Administrator), in the matter of Red Lea Chickens Pty Ltd (receivers and managers apptd) (administrators apptd) [2018] FCA 669

Kogan (Administrator), in the matter of Red Lea Chickens Pty Ltd (receivers and managers apptd) (administrators apptd) [2018] FCA 669

Given the steps taken for refinancing, the prospect of a DOCA proposal, support from the committee of inspection, and the need for further investigations, the two-month extension of the convening period for the second creditors' meeting is reasonable and appropriate.

Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Application / Extension of Convening Period for Second Meeting of Creditors
Outcome
Application granted
Legal Topics
['extension of Convening Period' 'meetings of Creditors' 'voluntary Administration' 'deed of Company Arrangement (doca)']
['bankruptcy and Insolvency' 'corporations Law'] ['extension of Convening Period' 'meetings of Creditors' 'voluntary Administration' 'deed of Company Arrangement (doca)']

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Procedural Posture

Application / Extension of Convening Period for Second Meeting of Creditors

Legal Issues

  1. 1 ['Whether the period for convening the second meeting of creditors should be extended under ss 439A and 447A of the Corporations Act 2001 (Cth)']

Ratio Decidendi

Given the steps taken for refinancing, the prospect of a DOCA proposal, support from the committee of inspection, and the need for further investigations, the two-month extension of the convening period for the second creditors' meeting is reasonable and appropriate.

Court Disposition

Application granted

Orders

  • ['Originating process made returnable instanter.' 'Period for convening the second meeting of creditors for second to eleventh plaintiffs extended up to and including 2 July 2018.' 'Meeting of creditors may be held at any time during the extended period and five business days thereafter, notwithstanding s 439A(2).'...