In the matter of Pinnacle Drilling Pty Ltd (admins apptd) & Ors [2015] NSWSC 1051
The case for an extension of the convening period for the second creditors' meeting was made out as it would facilitate completion of a going concern sale, benefit employees, maximise returns for creditors, and is unopposed by major creditors and employees.
- Parties
- Applicants: Vaughan Strawbridge and Neil Cussen in their capacity as administrators of Pinnacle Drilling Pty Ltd (admins apptd) (ACN 052 316 579); Pinnacle Drilling Underground Pty Ltd (admins apptd) (ACN 129 163 837); Zig Zag Investments Pty Ltd (admins apptd) (ACN 002 053 321)
- Jurisdiction
- Australia
- Judgment Date
- 20 May 2015
- Procedural Posture
- Application / Order for the Extension of the Convening Period for Second Meeting of Creditors
- Outcome
- Order made extending convening period for second creditors' meeting.
- Legal Topics
- Administration, Creditors' Meetings, Extension of Convening Period
Case Brief
Summary, issues, holding and outcome
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Parties
Vaughan Strawbridge and Neil Cussen in their capacity as administrators of Pinnacle Drilling Pty Ltd (admins apptd) (ACN 052 316 579); Pinnacle Drilling Underground Pty Ltd (admins apptd) (ACN 129 163 837); Zig Zag Investments Pty Ltd (admins apptd) (ACN 002 053 321)
Applicants
Procedural Posture
Application / Order for the Extension of the Convening Period for Second Meeting of Creditors
Legal Issues
- 1 Whether an order should be made under s 439A(6) of the Corporations Act 2001 (Cth) to extend the convening period for the second meeting of creditors
Ratio Decidendi
The case for an extension of the convening period for the second creditors' meeting was made out as it would facilitate completion of a going concern sale, benefit employees, maximise returns for creditors, and is unopposed by major creditors and employees.
Court Disposition
Order made extending convening period for second creditors' meeting.
Orders
- Order extending time for convening and holding of second meeting of creditors up to and including 26 August 2015.
- Order for giving notice to creditors by electronic circular attaching Court's orders.
Full Case Text
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