In the Matter of Martin Mining Pty Ltd (Administrator appointed) ACN 059 349 236 [1995] FCA 1176

In the Matter of Martin Mining Pty Ltd (Administrator appointed) ACN 059 349 236 [1995] FCA 1176

Given the complexity and size of Martin Mining's affairs and the need for expert reports for creditors to make informed decisions, a reasonable extension of the convening period is justifiable under s.439A(5) of the Corporations Law.

Jurisdiction
Australia
Judgment Date
18 September 1995
Procedural Posture
Voluntary Administration (corporations) / Ex Parte Application for Extension of Convening Period
Outcome
Application granted
Legal Topics
['voluntary Administration' 'meetings of Creditors' 'extension of Convening Period']
['corporations Law' 'insolvency'] ['voluntary Administration' 'meetings of Creditors' 'extension of Convening Period']

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Procedural Posture

Voluntary Administration (corporations) / Ex Parte Application for Extension of Convening Period

Legal Issues

  1. 1 ["Whether the convening period for the second creditors' meeting should be extended under s.439A(5) of the Corporations Law"]

Ratio Decidendi

Given the complexity and size of Martin Mining's affairs and the need for expert reports for creditors to make informed decisions, a reasonable extension of the convening period is justifiable under s.439A(5) of the Corporations Law.

Court Disposition

Application granted

Orders

  • ['The convening period prescribed by s.439A(5) of the Corporations Law be extended until 19 October 1995.' "Applicant's costs be taxed and reimbursed out of the property of the company."]