Clubb, in the matter of DS Opco Pty Ltd (administrators appointed) (receivers and managers appointed)

In the Federal Court of Australia, the administrators of DS Opco Pty Ltd and related companies sought an extension to the convening period for a second meeting of creditors. The administrators contended that more time was required to complete the sale of the companies' stores and to prepare the necessary reports and statements for the creditors. The court had to decide whether to grant an extension to the convening period under section 439A(6) of the Corporations Act 2001 (Cth) and, if so, for how long.

The court considered several factors in its decision. These included the objective of speed in administration, the potential benefits of a longer administration period for creditors, and the impact of an extension on the creditors' ability to make informed decisions. The administrators' undertaking to convene the meeting as soon as practicable, but no later than 29 May 2020, was also taken into account. The court balanced these considerations and concluded that an extension was warranted to allow the administrators sufficient time to complete the store sales and prepare the required documentation.

The court granted the application and extended the convening period to 29 May 2020. It also made orders to allow the second meetings of creditors to be held within the extended period and to modify the notice requirements for creditors. The administrators were required to notify creditors of the orders and the court reserved leave for any interested party to apply to vary or discharge the orders. The administrators' costs of the application were to be a cost of the administration.