In the matter of Napoleon Perdis Cosmetics Pty Ltd (admins apptd) and Napoleon Perdis Cosmetics Australia Pty Ltd (admins apptd) [2019] NSWSC 348
Given the complexity and scale of the business, advanced nature of the sale process, lack of opposition from creditors, and the Administrators' evidence, it is proper to extend the convening period to allow completion of the sale and better creditor information.
- Jurisdiction
- Australia
- Judgment Date
- 20 February 2019
- Procedural Posture
- Corporations Application / Application to Extend Convening Period for Second Meeting of Creditors
- Outcome
- Extension of convening period granted.
- Legal Topics
- ['external Administration' 'administrators' 'extension of Convening Period' 'creditors Meeting']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Corporations Application / Application to Extend Convening Period for Second Meeting of Creditors
Legal Issues
- 1 ['Whether the period for convening the second meeting of creditors should be extended under s 439A(6) of the Corporations Act 2001 (Cth)']
Ratio Decidendi
Given the complexity and scale of the business, advanced nature of the sale process, lack of opposition from creditors, and the Administrators' evidence, it is proper to extend the convening period to allow completion of the sale and better creditor information.
Court Disposition
Extension of convening period granted.
Orders
- ['The date for convening the second meeting of creditors of the Plaintiffs is extended to 28 May 2019.']
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