Carter, in the matter of AMT Group Pty Ltd (Administrators Appointed) [2017] FCA 303

Carter, in the matter of AMT Group Pty Ltd (Administrators Appointed) [2017] FCA 303

An extension of the convening period is justified to enable consideration of anticipated deeds of company arrangement likely to benefit creditors, with electronic communication and publication measures being cost-effective and reasonable for the administration.

Jurisdiction
Australia
Judgment Date
28 February 2017
Procedural Posture
Corporate Insolvency / Application for Extension of Convening Period for Second Meeting of Creditors
Outcome
Orders made granting extension of convening period, permitting electronic notice and publication, and costs to be paid pro-rata in the administrations.
Legal Topics
['extension of Convening Period' 'voluntary Administration' 'creditors Meetings' 'communication to Creditors']
['corporations' 'insolvency'] ['extension of Convening Period' 'voluntary Administration' 'creditors Meetings' 'communication to Creditors']

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
Sign in to unlock

Procedural Posture

Corporate Insolvency / Application for Extension of Convening Period for Second Meeting of Creditors

Legal Issues

  1. 1 ['Whether the convening period for the second meeting of creditors should be extended' 'Whether notices and documents to creditors may be sent electronically']

Ratio Decidendi

An extension of the convening period is justified to enable consideration of anticipated deeds of company arrangement likely to benefit creditors, with electronic communication and publication measures being cost-effective and reasonable for the administration.

Court Disposition

Orders made granting extension of convening period, permitting electronic notice and publication, and costs to be paid pro-rata in the administrations.

Orders

  • ['The convening period for meetings of creditors of AMT Group Pty Ltd and associated companies is extended up to midnight on 6 April 2017.' 'Meetings of creditors may be convened together or separately and held during or up to five business days after the extended convening period.' 'Known creditors and ASIC are to...