Farnsworth in his capacity as voluntary administrator, in the matter of Vivo International Corporation Pty Limited (administrator appointed) [2013] FCA 1386

Farnsworth in his capacity as voluntary administrator, in the matter of Vivo International Corporation Pty Limited (administrator appointed) [2013] FCA 1386

It is appropriate to extend the convening period because the extension will facilitate more complete investigations and the creditors unanimously consented, with practical delays expected due to external timings and holiday period.

Parties
First Plaintiff: Adam Edward Patrick Farnsworth in his capacity as voluntary administrator of Vivo International Corporation Pty Limited (administrator appointed) ACN 087 480 171; Second Plaintiff: Vivo International Corporation Pty Limited (administrator appointed) ACN 087 480 171
Jurisdiction
Australia
Judgment Date
12 December 2013
Procedural Posture
Corporations Administration Under Part 5.3 a of the Corporations Act 2001 (cth) / Application for Extension of Convening Period
Outcome
Application granted.
Legal Topics
Voluntary Administration, Extension of Convening Period, Deed of Company Arrangement, Uncommercial Transactions, Unfair Preferences
Corporations Law Voluntary Administration Extension of Convening Period Deed of Company Arrangement Uncommercial Transactions Unfair Preferences

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 1 Amounts and remedies 15
Sign in to unlock

Parties

Adam Edward Patrick Farnsworth in his capacity as voluntary administrator of Vivo International Corporation Pty Limited (administrator appointed) ACN 087 480 171

First Plaintiff

Vivo International Corporation Pty Limited (administrator appointed) ACN 087 480 171

Second Plaintiff

Procedural Posture

Corporations Administration Under Part 5.3 a of the Corporations Act 2001 (cth) / Application for Extension of Convening Period

Legal Issues

  1. 1 Whether it is appropriate to extend the convening period for the second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth)
  2. 2 Whether ancillary relief should be granted

Ratio Decidendi

It is appropriate to extend the convening period because the extension will facilitate more complete investigations and the creditors unanimously consented, with practical delays expected due to external timings and holiday period.

Court Disposition

Application granted.

Orders

  • The convening period for the second meeting of creditors is extended up to and including 7 February 2014.
  • The meeting of creditors required by s 439A may be held during the period up to or within five business days after 7 February 2014.