New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Convening period extension

Legal area

Court

5 Jul 2019

RE FIBER FRESH FEEDS LTD (IN RECEIVERSHIP AND ADMINISTRATORS APPOINTED) [2019] NZHC 1565

Citation

[2019] NZHC 1565
Court

High Court

The convening period was extended for three months because the administrators demonstrated that the extension was necessary and reasonable to allow an orderly sale process that preserved critical leases and moratorium protections, thereby maximizing creditor returns and causing no demonstrated prejudice to creditors, consistent with the objectives of s239A and the discretionary factors in Re Pumpkin Patch Ltd.
21 Dec 2012

GOURMET FOOD HOLDINGS & LOMBE HC AK CIV-2012-404-7614

Citation

openlaw-c0836efd_583b_4c17_ab7f_056782a2f4a3.pdf
Court

High Court

The Court allowed the administrators to continue to act because Deloitte's prior engagements with secured creditors were unrelated to the Rosella Group and did not create a real risk to the administrators' independence or ability to perform; the convening period was extended by 180 days because the complexity, cross-border nature, and coordinated Australian extension justified additional time to investigate and pursue a sale; full departure from statutory document service was refused as cost savings were modest but the notice period was extended to eight working days and notices must be adver…