Jahani, in the matter of Miniso Master Franchisee Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1140

Jahani, in the matter of Miniso Master Franchisee Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1140

Given the complexities posed by COVID-19, communication barriers, and the necessity for proper investigation of potential arrangements to maximise creditor returns, the extension of the convening period is justified and beneficial for creditors as a whole.

Parties
First Plaintiff: Said Jahani and Philip Campbell-Wilson (in their capacity as joint and several voluntary administrators of Miniso Master Franchisee Pty Ltd ACN 617 284 214); Second Plaintiff: Miniso Master Franchisee Pty Ltd ACN 617 284 214
Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Corporations – Interlocutory Application by Administrators / Application for Extension of Convening Period for Second Creditors' Meeting
Outcome
Application granted
Legal Topics
Extension of Convening Period Under Administration, Meeting of Creditors, DOCA Proposal Assessment, Notice to Creditors, Operation of Part 5.3 a
Corporations Law Insolvency Law Extension of Convening Period Under Administration Meeting of Creditors DOCA Proposal Assessment Notice to Creditors Operation of Part 5.3 a

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Parties

Said Jahani and Philip Campbell-Wilson (in their capacity as joint and several voluntary administrators of Miniso Master Franchisee Pty Ltd ACN 617 284 214)

First Plaintiff

Miniso Master Franchisee Pty Ltd ACN 617 284 214

Second Plaintiff

Procedural Posture

Corporations – Interlocutory Application by Administrators / Application for Extension of Convening Period for Second Creditors' Meeting

Legal Issues

  1. 1 Whether to extend the convening period for the second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth)
  2. 2 Whether to modify the operation of Part 5.3A under s 447A(1) of the Corporations Act 2001 (Cth) in relation to creditor meetings and notice

Ratio Decidendi

Given the complexities posed by COVID-19, communication barriers, and the necessity for proper investigation of potential arrangements to maximise creditor returns, the extension of the convening period is justified and beneficial for creditors as a whole.

Court Disposition

Application granted

Orders

  • The convening period for the second plaintiff be extended up to and including 21 September 2020.
  • Part 5.3A of the Corporations Act 2001 (Cth) to operate such that the meeting of creditors may be held at any time during the extended period and five business days thereafter, despite s 439A(2).