In the matter of E.Commerce Pty Limited (Administrator Appointed) ACN 073 417 580 [2006] FCA 75

In the matter of E.Commerce Pty Limited (Administrator Appointed) ACN 073 417 580 [2006] FCA 75

Relief extending the adjournment of the creditors' meeting beyond the statutory 60 days is granted pursuant to s 447A of the Corporations Act 2001, following established single judge authority that plenary powers exist under s 447A to alter the time limit.

Jurisdiction
Australia
Judgment Date
23 January 2006
Procedural Posture
Corporate Insolvency / Application for Extension of Creditor Meeting Adjournment
Outcome
Relief granted; extension of creditors meeting permitted.
Legal Topics
['voluntary Administration' 'extension of Adjournment' 'creditors Meetings']
['corporations Law' 'insolvency'] ['voluntary Administration' 'extension of Adjournment' 'creditors Meetings']

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Procedural Posture

Corporate Insolvency / Application for Extension of Creditor Meeting Adjournment

Legal Issues

  1. 1 ["Whether the Court has power under s 447A or s 1322(4)(d) of the Corporations Act 2001 (Cth) to extend the period for adjournment of the creditors' meeting beyond the statutory 60 days."]

Ratio Decidendi

Relief extending the adjournment of the creditors' meeting beyond the statutory 60 days is granted pursuant to s 447A of the Corporations Act 2001, following established single judge authority that plenary powers exist under s 447A to alter the time limit.

Court Disposition

Relief granted; extension of creditors meeting permitted.

Orders

  • ['The creditors’ meeting may be adjourned beyond 31 January 2006 to no later than 4pm on 7 March 2006.' "Liberty granted to any creditor or ASIC to apply on 3 days' notice in writing for further relief." 'A copy of orders and reasons to be served on ASIC by 31 January 2006.' 'Costs of the application from 2.30pm...