Re PH (Melbourne) Pty Ltd (Administrator Appointed); Ex parte Sims [2002] FCA 637

Re PH (Melbourne) Pty Ltd (Administrator Appointed); Ex parte Sims [2002] FCA 637

Extension granted as there were genuine difficulties in obtaining and analysing company documents and reasonable diligence was shown; an extension was appropriate for proper elucidation of the company's affairs for the creditors' meeting.

Parties
Company: PH (Melbourne) Pty Ltd (Administrator Appointed); Administrator/applicant: Anthony Milton Sims
Jurisdiction
Australia
Judgment Date
30 April 2002
Procedural Posture
Ex Parte Application / Application for Extension of Convening Period
Outcome
Application granted
Legal Topics
Extension of Convening Period, Administration of Companies, Creditors' Meetings
Corporations Law Extension of Convening Period Administration of Companies Creditors' Meetings

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Parties

PH (Melbourne) Pty Ltd (Administrator Appointed)

Company

Anthony Milton Sims

Administrator/applicant

Procedural Posture

Ex Parte Application / Application for Extension of Convening Period

Legal Issues

  1. 1 Whether the convening period for the creditors' meeting should be extended under s 439A(6) and s 447A of the Corporations Act 2001

Ratio Decidendi

Extension granted as there were genuine difficulties in obtaining and analysing company documents and reasonable diligence was shown; an extension was appropriate for proper elucidation of the company's affairs for the creditors' meeting.

Court Disposition

Application granted

Orders

  • The convening period for the meeting of creditors pursuant to s 439A(1) of the Corporations Act 2001 (Cth) is extended up to and including 21 May 2002.
  • Costs of the application are costs in the administration.