In the matter of Stephen James Parbery, Christopher Clarke Hill and Alan Lee Walker (in their capacity as joint and several voluntary administrators) [2014] NSWSC 763

In the matter of Stephen James Parbery, Christopher Clarke Hill and Alan Lee Walker (in their capacity as joint and several voluntary administrators) [2014] NSWSC 763

Given the complexity of the administration, incomplete status of contract negotiations, lack of formulated deed of company arrangement, and the support or non-objection of interested parties, an extension of the convening period is in the interests of creditors as a whole.

Parties
Plaintiff: Stephen James Parbery; Plaintiff: Christopher Clarke Hill; Plaintiff: Alan Lee Walker; Company: Hewatt Pty Ltd ACN 120 060 095 (Administrators Appointed); Company: Hewatt Grader Hire Pty Ltd ACN 164 508 196 (Administrators Appointed); Company: Carmelina Management Pty Ltd ACN 135 296 338 (Administrators Appointed); Company: Hewatt Constructions Pty Ltd ACN 008 623 309 (Administrators Appointed); Company: Hewatt Earthmoving Pty Ltd ACN 109 628 766 (Administrators Appointed)
Jurisdiction
Australia
Judgment Date
04 June 2014
Procedural Posture
Interlocutory Application / Application for Extension of Convening Period of Creditors' Meeting During Voluntary Administration
Outcome
Application granted; extension of time for convening meeting ordered.
Legal Topics
Voluntary Administration, Extension of Convening Period, Creditors' Meeting
Corporations Law Voluntary Administration Extension of Convening Period Creditors' Meeting

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stephen James Parbery

Plaintiff

Christopher Clarke Hill

Plaintiff

Alan Lee Walker

Plaintiff

Hewatt Pty Ltd ACN 120 060 095 (Administrators Appointed)

Company

Hewatt Grader Hire Pty Ltd ACN 164 508 196 (Administrators Appointed)

Company

Carmelina Management Pty Ltd ACN 135 296 338 (Administrators Appointed)

Company

Hewatt Constructions Pty Ltd ACN 008 623 309 (Administrators Appointed)

Company

Hewatt Earthmoving Pty Ltd ACN 109 628 766 (Administrators Appointed)

Company

Procedural Posture

Interlocutory Application / Application for Extension of Convening Period of Creditors' Meeting During Voluntary Administration

Legal Issues

  1. 1 Whether the convening period for the second creditors' meeting in a voluntary administration should be extended

Ratio Decidendi

Given the complexity of the administration, incomplete status of contract negotiations, lack of formulated deed of company arrangement, and the support or non-objection of interested parties, an extension of the convening period is in the interests of creditors as a whole.

Court Disposition

Application granted; extension of time for convening meeting ordered.

Orders

  • The period within which the plaintiffs must convene the second meeting of creditors is extended up to and including 18 July 2014.
  • Pursuant to Corporations Act, s 447A, the second meeting of creditors may be held at any time during the extended convening period or within five business days thereafter.