Austin Australia Pty Ltd (In Admin) [2004] NSWSC 9

Austin Australia Pty Ltd (In Admin) [2004] NSWSC 9

Given that the extension is necessary for the administrators to conduct proper investigations, is approved by the committee of creditors, and is not opposed by the major secured creditor, the extension is reasonable and should be granted.

Jurisdiction
Australia
Judgment Date
21 January 2004
Procedural Posture
Application / Hearing for Extension of Time to Convene Creditors' Meeting
Outcome
Extension of time for convening meeting of creditors granted until 31 March 2004.
Legal Topics
['voluntary Administration' "creditors' Meeting" 'extension of Time' "administrators' Investigation"]
['corporations Law' 'equity'] ['voluntary Administration' "creditors' Meeting" 'extension of Time' "administrators' Investigation"]

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Procedural Posture

Application / Hearing for Extension of Time to Convene Creditors' Meeting

Legal Issues

  1. 1 ["Whether to grant an extension of time for convening a creditors' meeting under s 439A(6) of the Corporations Act 2001 (Cth)"]

Ratio Decidendi

Given that the extension is necessary for the administrators to conduct proper investigations, is approved by the committee of creditors, and is not opposed by the major secured creditor, the extension is reasonable and should be granted.

Court Disposition

Extension of time for convening meeting of creditors granted until 31 March 2004.

Orders

  • ['Leave granted to plaintiffs to file the originating process returnable on 21 January 2004 at 11.00 am.' 'Dispensed with service of the originating process.' 'Orders set out in form of order initialled by the judge and placed with the papers are made.' 'Directed that order 3 be entered forthwith.']