Orr, in the matter of Redflow Limited (Administrators Appointed) [2024] FCA 1117
It is appropriate to grant the extension of convening period for two months as it is in the creditors' best interests given complex business sale prospects and restructuring; suppression orders are justified as disclosure of sensitive materials may prejudice administration.
- Parties
- Administrator: David Michael Orr; Administrator: Richard John Hughes; Company: Redflow Limited (Administrators Appointed) ACN 130 227 271; Company: Redflow International Pty Ltd (Administrators Appointed) ACN 128 888 997; Company: Redflow R&D Pty Ltd (Administrators Appointed) ACN 116 992 253; Company: ZCell Australia Pty Ltd (Administrators Appointed) ACN 613 792 420
- Jurisdiction
- Australia
- Judgment Date
- 18 September 2024
- Procedural Posture
- Corporations Administration Application / Application for Extension of Convening Period and Suppression Orders
- Outcome
- Extension granted; suppression orders made; ancillary orders as sought by administrators
- Legal Topics
- Extension of Convening Period, Meeting of Creditors, Suppression Orders
Case Brief
Summary, issues, holding and outcome
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Parties
David Michael Orr
Administrator
Richard John Hughes
Administrator
Redflow Limited (Administrators Appointed) ACN 130 227 271
Company
Redflow International Pty Ltd (Administrators Appointed) ACN 128 888 997
Company
Redflow R&D Pty Ltd (Administrators Appointed) ACN 116 992 253
Company
ZCell Australia Pty Ltd (Administrators Appointed) ACN 613 792 420
Company
Procedural Posture
Corporations Administration Application / Application for Extension of Convening Period and Suppression Orders
Legal Issues
- 1 Whether the convening period for the second meeting of creditors should be extended
- 2 Whether suppression orders should be granted for confidential materials
Ratio Decidendi
It is appropriate to grant the extension of convening period for two months as it is in the creditors' best interests given complex business sale prospects and restructuring; suppression orders are justified as disclosure of sensitive materials may prejudice administration.
Court Disposition
Extension granted; suppression orders made; ancillary orders as sought by administrators
Orders
- Extension of convening period for second meeting of creditors to 20 November 2024 pursuant to s 439A(6) Corporations Act 2001 (Cth)
- Creditors' meetings may be held during or within five business days after extended convening period pursuant to s 447A(1) Corporations Act 2001 (Cth)
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