Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 4) [2023] FCA 313

Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) (No 4) [2023] FCA 313

Given the scale and complexity of the administrations, the progress made, the need for further time to complete the MRPL DOCA proposal and sale or other processes for the remaining Non-DOCA Companies, the absence of undue prejudice to creditors, and the Administrators' intention to convene meetings as soon as practicable, it was in the best interests of creditors to extend the convening period to midnight on 30 June 2023 and to grant the associated Daisytek and ancillary orders.

Jurisdiction
Australia
Judgment Date
05 April 2023
Procedural Posture
Corporations Administration Application Under S 447 A(1) of the Corporations Act 2001 (cth) / Application for a Third Extension of Time for Convening the Second Meetings of Creditors of the Non DOCA Companies
Outcome
Application granted; orders made largely in terms of those sought in the interlocutory application.
Legal Topics
['extension of Convening Period' 'second Meeting of Creditors' 'deed of Company Arrangement' 'part 5.3 a Administration' 'daisytek Order']
['corporations' 'corporate Insolvency' 'voluntary Administration'] ['extension of Convening Period' 'second Meeting of Creditors' 'deed of Company Arrangement' 'part 5.3 a Administration' 'daisytek Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Administration Application Under S 447 A(1) of the Corporations Act 2001 (cth) / Application for a Third Extension of Time for Convening the Second Meetings of Creditors of the Non DOCA Companies

Legal Issues

  1. 1 ['Whether the Court should make orders under s 447A(1) of the Corporations Act 2001 (Cth) further extending the convening period for the second meetings of creditors of the Non-DOCA Companies to midnight on 30 June 2023.' 'Whether Part 5.3A should operate so that the second meetings of creditors may be held at any time during, or within five business days after, the extended convening period notwithstanding s 439A(2).' 'Whether ancillary notice, liberty to apply and costs orders should be made.']

Ratio Decidendi

Given the scale and complexity of the administrations, the progress made, the need for further time to complete the MRPL DOCA proposal and sale or other processes for the remaining Non-DOCA Companies, the absence of undue prejudice to creditors, and the Administrators' intention to convene meetings as soon as practicable, it was in the best interests of creditors to extend the convening period to midnight on 30 June 2023 and to grant the associated Daisytek and ancillary orders.

Court Disposition

Application granted; orders made largely in terms of those sought in the interlocutory application.

Orders

  • ['Pursuant to s 447A(1) of the Corporations Act 2001 (Cth), s 439A operate as if the period within which the first plaintiffs must convene the second meetings of creditors of the Non-DOCA Companies under s 439A be further extended from 6 April 2023 to midnight on 30 June 2023.' 'Pursuant to s 447A(1) of the...