Kassem v Milman International (Aust) Pty Ltd [2005] NSWSC 210

Kassem v Milman International (Aust) Pty Ltd [2005] NSWSC 210

The convening period was extended because the evidence satisfied the criteria that the administrator had done all that could be done in the circumstances and that the situation was more likely than not to be clearer within the proposed three week extension period.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 March 2005
Procedural Posture
Application Under Corporations Act 2001 (cth) S 439 A(6) to Extend the Convening Period of the Second Meeting / Originating Process
Outcome
Convening period extended for three weeks.
Legal Topics
['administration' 'convening Period' 'extension of Time']
['corporations Law' 'insolvency Law'] ['administration' 'convening Period' 'extension of Time']

Source-derived case record

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Procedural Posture

Application Under Corporations Act 2001 (cth) S 439 A(6) to Extend the Convening Period of the Second Meeting / Originating Process

Legal Issues

  1. 1 ['Whether the convening period of the second meeting under the Corporations Act should be extended for three weeks.']

Ratio Decidendi

The convening period was extended because the evidence satisfied the criteria that the administrator had done all that could be done in the circumstances and that the situation was more likely than not to be clearer within the proposed three week extension period.

Court Disposition

Convening period extended for three weeks.

Orders

  • ['Orders 1 and 2 in the originating process made.']