Re Regency South Steyne Investments Pty Ltd [2003] FCA 1546

Given the prospects of advantage to creditors and lack of prejudice, the power under s 447A should be exercised to grant the extension of time for ninety days for holding the adjourned creditors' meeting, with liberty for interested parties to apply to vary the order.

Jurisdiction: Australia
Judgment Date: 18 December 2003
Procedural Posture: Corporations – Voluntary Administration / Application for Extension of Time for Holding Adjourned Creditors' Meeting
Outcome: Application granted
Legal Topics: ['voluntary Administration' 'extension of Time Under S 439 B(2)' 'court Powers Under S 447 A']

['corporations Law'] ['voluntary Administration' 'extension of Time Under S 439 B(2)' 'court Powers Under S 447 A']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Corporations – Voluntary Administration / Application for Extension of Time for Holding Adjourned Creditors' Meeting

Legal Issues

1 ['Whether the court should grant an extension of time for holding the adjourned meeting of creditors under s 439B(2) Corporations Act 2001 (Cth) for ninety days pursuant to s 447A.']

Ratio Decidendi

Court Disposition

Application granted

Orders

['Leave granted to file the originating process in Court.' 'Originating process returnable instanter.' 'Pursuant to s 447A of the Corporations Act, the time provided for in s 439B(2) for the holding of the adjourned meeting of creditors fixed for 19 December 2003 is extended for 90 days subject to a resolution of...