Jones, in the matter of Eastern Goldfields Limited (Administrators Appointed) [2018] FCA 2081

Jones, in the matter of Eastern Goldfields Limited (Administrators Appointed) [2018] FCA 2081

An extension of time was granted on evidence of administrative complexity, need for further advice and reports, absence of opposition from creditors and ASIC, and the fact that the extension was only for a short period and consistent with statutory objectives.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Corporations Application in Administration / Application to Extend Convening Period for Creditors Meeting
Outcome
Orders granting extension of the convening period and related directions.
Legal Topics
['administration of Companies' 'extension of Convening Period' 'meetings of Creditors']
['corporations Law' 'insolvency'] ['administration of Companies' 'extension of Convening Period' 'meetings of Creditors']

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Procedural Posture

Corporations Application in Administration / Application to Extend Convening Period for Creditors Meeting

Legal Issues

  1. 1 ['Whether the convening period for the second meeting of creditors should be extended under s 439A(6) of the Corporations Act 2001 (Cth)' 'Whether orders for notification and meeting procedure should be made under s 447A(1) of the Corporations Act 2001 (Cth)' 'What is the appropriate method for notification of creditors and ASIC']

Ratio Decidendi

An extension of time was granted on evidence of administrative complexity, need for further advice and reports, absence of opposition from creditors and ASIC, and the fact that the extension was only for a short period and consistent with statutory objectives.

Court Disposition

Orders granting extension of the convening period and related directions.

Orders

  • ['The period for convening the creditors meetings of the companies extended to 31 January 2019 pursuant to s 439A(6) Corporations Act 2001 (Cth).' 'Meetings may be held at any time during, or within five business days after, the extended convening period pursuant to s 447A(1) Corporations Act 2001 (Cth).'...