Morgan, in the matter of the Yourhealth Companies [2007] FCA 129

Morgan, in the matter of the Yourhealth Companies [2007] FCA 129

The 21 day convening period began on 18 January 2007 and expired on 7 February 2007 because the day on which the administration began was counted as the first day. The requested extension was justified because Mr Morgan needed more time to complete investigations and report adequately to creditors, and the creditors' committee supported the application.

Jurisdiction
Australia
Judgment Date
07 February 2007
Procedural Posture
Corporations; Voluntary Administration Application / Application Under S 439 A(6) of the Corporations Act 2001 (cth) for Extension of Time for Convening Meetings of Creditors
Outcome
Application granted; convening period extended to 21 March 2007 and related orders made.
Legal Topics
['voluntary Administration' 'extension of Convening Period' 'meeting of Creditors' 'calculation of Time']
['corporations' 'insolvency' 'statutory Interpretation'] ['voluntary Administration' 'extension of Convening Period' 'meeting of Creditors' 'calculation of Time']

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Procedural Posture

Corporations; Voluntary Administration Application / Application Under S 439 A(6) of the Corporations Act 2001 (cth) for Extension of Time for Convening Meetings of Creditors

Legal Issues

  1. 1 ['Whether the Court should extend the convening period for the meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth).' "Whether a period of 21 days 'beginning on' the day when an administration begins counts that day as the first day of the period."]

Ratio Decidendi

The 21 day convening period began on 18 January 2007 and expired on 7 February 2007 because the day on which the administration began was counted as the first day. The requested extension was justified because Mr Morgan needed more time to complete investigations and report adequately to creditors, and the creditors' committee supported the application.

Court Disposition

Application granted; convening period extended to 21 March 2007 and related orders made.

Orders

  • ['The plaintiff has leave to file in Court an Originating Process of 7 February 2007 and the affidavit of John Maxwell Morgan sworn 6 February 2007.' 'The originating process be made returnable instanter.' 'Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) the convening period for the meeting of the creditors...