Henry Walker Eltin Group Limited (Administrators Appointed) ACN 007 710 483, In the matter of [2006] FCA 353

Henry Walker Eltin Group Limited (Administrators Appointed) ACN 007 710 483, In the matter of [2006] FCA 353

There is no legal impediment to an alternative administrator (Mr Fraser) chairing the adjourned creditors' meetings, and the meetings will be validly held if he does so. The Corporations Act and Regulations do not require that only the person who chaired the original meeting must chair its adjournment.

Parties
First Applicants: Anthony Gregory McGrath, Scott Bradley Kershaw, Joseph David Hayes and Shaun Robert Fraser (in their capacity as voluntary administrators); Second Applicants: Henry Walker Eltin Group Limited (Administrators Appointed); Second Applicants: Capena IO Pty Limited (formerly HWIO Pty Limited); Second Applicants: Capena Surface Mining Pty Limited (formerly Eltin Surface Mining Pty Limited); Second Applicants: Capena Contracting Pty Limited (formerly Henry Walker Eltin Contracting Pty Limited); Second Applicants: Capena Environmental Pty Limited (formerly Henry Walker Environmental Pty Limited); Second Applicants: Capena Underground Pty Limited (formerly Henry Walker Underground Pty Limited)
Jurisdiction
Australia
Judgment Date
02 March 2006
Procedural Posture
Application for Orders and Directions in Voluntary Administration / Judgment/orders After Application for Directions
Outcome
Application granted
Legal Topics
Voluntary Administration, Creditors' Meetings, Powers and Duties of Administrators, Court Directions to Administrators
Insolvency Corporations Law Voluntary Administration Creditors' Meetings Powers and Duties of Administrators Court Directions to Administrators

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Parties

Anthony Gregory McGrath, Scott Bradley Kershaw, Joseph David Hayes and Shaun Robert Fraser (in their capacity as voluntary administrators)

First Applicants

Henry Walker Eltin Group Limited (Administrators Appointed)

Second Applicants

Capena IO Pty Limited (formerly HWIO Pty Limited)

Second Applicants

Capena Surface Mining Pty Limited (formerly Eltin Surface Mining Pty Limited)

Second Applicants

Capena Contracting Pty Limited (formerly Henry Walker Eltin Contracting Pty Limited)

Second Applicants

Capena Environmental Pty Limited (formerly Henry Walker Environmental Pty Limited)

Second Applicants

Capena Underground Pty Limited (formerly Henry Walker Underground Pty Limited)

Second Applicants

Procedural Posture

Application for Orders and Directions in Voluntary Administration / Judgment/orders After Application for Directions

Legal Issues

  1. 1 Whether Regulation 5.6.17 of the Corporations Regulations requires the same individual to chair an adjourned creditors' meeting as chaired the original meeting
  2. 2 Whether another administrator may validly chair the adjourned meeting under the Corporations Act 2001

Ratio Decidendi

There is no legal impediment to an alternative administrator (Mr Fraser) chairing the adjourned creditors' meetings, and the meetings will be validly held if he does so. The Corporations Act and Regulations do not require that only the person who chaired the original meeting must chair its adjournment.

Court Disposition

Application granted

Orders

  • Leave be granted to the applicants to file an originating process in the form initialled by Emmett J.
  • Pursuant to sections 447A(1) and 447D(1) of the Corporations Act 2001, the reconvened adjourned second meetings of creditors of each of the Second Applicants will be validly held if Shaun Robert Fraser presides and chairs, exercising all powers available to the chair.