In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) (No 5) 2005 FCA 1192

In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) (No 5) 2005 FCA 1192

The Court made the requested s 447A orders because the circumstances were comparable to Re Bosnjak Holdings Pty Ltd [2005] NSWSC 527, notice had been given to creditors and customers without objection, and the interests of affected persons were preserved by liberty to apply to modify or discharge the orders.

Jurisdiction
Australia
Judgment Date
12 August 2005
Procedural Posture
Application for Orders Under S 447 a of the Corporations Act 2001 (cth) in Relation to Voluntary Administrations / Orders and Reasons for Judgment
Outcome
Application granted; orders made under s 447A(1) of the Corporations Act 2001 (Cth).
Legal Topics
['voluntary Administration' 'part 5.3 a of the Corporations Act 2001 (cth)' "adjournment of Creditors' Meetings" 'section 447 a Orders']
['corporations Law' 'insolvency'] ['voluntary Administration' 'part 5.3 a of the Corporations Act 2001 (cth)' "adjournment of Creditors' Meetings" 'section 447 a Orders']

Case Brief

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Procedural Posture

Application for Orders Under S 447 a of the Corporations Act 2001 (cth) in Relation to Voluntary Administrations / Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the Court should make orders under s 447A(1) of the Corporations Act 2001 (Cth) altering the operation of Part 5.3A so that meetings of creditors held under s 439A may be adjourned to a date no more than 120 days after 8 July 2005.']

Ratio Decidendi

The Court made the requested s 447A orders because the circumstances were comparable to Re Bosnjak Holdings Pty Ltd [2005] NSWSC 527, notice had been given to creditors and customers without objection, and the interests of affected persons were preserved by liberty to apply to modify or discharge the orders.

Court Disposition

Application granted; orders made under s 447A(1) of the Corporations Act 2001 (Cth).

Orders

  • ['Pursuant to s 447A(1) of the Corporations Act 2001, Part 5.3A of the Act is to operate in relation to each of the second plaintiffs such that the meetings of creditors of each of the second plaintiffs held pursuant to s 439A of the Act may be adjourned to a date appointed by the first plaintiffs which is no more...