Green, The Application of [1999] NSWSC 1286

Green, The Application of [1999] NSWSC 1286

The proposed extension was reasonable and sensible because holding the meeting between Christmas and New Year was likely to reduce attendance by creditors and other relevant people, while an extension until 14 January 2000 would allow the meeting to be held when greater attention to the business was likely.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Application Under S 439 A(6) of the Corporations Law to Extend the Convening Period for a Creditors' Meeting in Voluntary Administration / Application Heard and Determined
Outcome
Time to convene meeting extended.
Legal Topics
['voluntary Administration' "creditors' Meeting" 'extension of Time to Convene Meeting']
['corporations Law'] ['voluntary Administration' "creditors' Meeting" 'extension of Time to Convene Meeting']

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Procedural Posture

Application Under S 439 A(6) of the Corporations Law to Extend the Convening Period for a Creditors' Meeting in Voluntary Administration / Application Heard and Determined

Legal Issues

  1. 1 ['Whether the Court should extend the convening period under s 439A(6) of the Corporations Law where the meeting would otherwise have to be held between Christmas and New Year.']

Ratio Decidendi

The proposed extension was reasonable and sensible because holding the meeting between Christmas and New Year was likely to reduce attendance by creditors and other relevant people, while an extension until 14 January 2000 would allow the meeting to be held when greater attention to the business was likely.

Court Disposition

Time to convene meeting extended.

Orders

  • ['Leave granted to the plaintiff to file the summons initialled by the judge returnable instanter.' 'Service of the summons dispensed with.' 'Orders in accordance with short minutes initialled by the judge and placed with the papers.']