Sallway (Administrator), in the matter of Jamie Oliver Restaurant Group (Australia) Pty Ltd (Administrators Appt) [2018] FCA 789

Sallway (Administrator), in the matter of Jamie Oliver Restaurant Group (Australia) Pty Ltd (Administrators Appt) [2018] FCA 789

It is appropriate and reasonable to grant the extension sought to facilitate completion of sale agreements, protect the interests of creditors and employees, and allow administrators adequate time to investigate the company’s affairs and comply with statutory obligations, particularly in light of no objection from major creditors and lack of prejudice to parties.

Parties
First Plaintiff: Andrew Sallway, James White and Andrew Fielding (as joint and several administrators of Jamie Oliver Restaurant Group (Australia) Pty Ltd); Second Plaintiff: Jamie Oliver Restaurant Group (Australia) Pty Ltd (Administrators Appointed)
Jurisdiction
Australia
Judgment Date
10 May 2018
Procedural Posture
Application Under Corporations Act / Ex Parte Application for Extension of Time to Convene Second Creditors’ Meeting
Outcome
Application granted
Legal Topics
Extension of Convening Period, Creditors’ Meetings, Sale of Business as Going Concern
Insolvency Commercial Law Corporations Law Extension of Convening Period Creditors’ Meetings Sale of Business as Going Concern

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Parties

Andrew Sallway, James White and Andrew Fielding (as joint and several administrators of Jamie Oliver Restaurant Group (Australia) Pty Ltd)

First Plaintiff

Jamie Oliver Restaurant Group (Australia) Pty Ltd (Administrators Appointed)

Second Plaintiff

Procedural Posture

Application Under Corporations Act / Ex Parte Application for Extension of Time to Convene Second Creditors’ Meeting

Legal Issues

  1. 1 Whether the period for convening the second meeting of creditors should be extended under Corporations Act 2001 (Cth) s 439A(6)
  2. 2 Whether ancillary orders should be made under ss 447A and 37AF of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

It is appropriate and reasonable to grant the extension sought to facilitate completion of sale agreements, protect the interests of creditors and employees, and allow administrators adequate time to investigate the company’s affairs and comply with statutory obligations, particularly in light of no objection from major creditors and lack of prejudice to parties.

Court Disposition

Application granted

Orders

  • Origination process returnable instanter
  • Confidentiality order over exhibit ATS-2 to the Sallway affidavit