Green, The Application of

[1999] NSWSC 1286

CITATION:	Green, The Application of [1999] NSWSC 1286
CURRENT JURISDICTION:	Equity
FILE NUMBER(S):	5103/99
HEARING DATE(S):	17 December 1999
JUDGMENT DATE:	17 December 1999
PARTIES :	Martin John Green (P1) Vista Commercial Contruction Pty Ltd (Voluntary Administrator Appointed) (P2) Vista Commercail Construction (NSW) Pty Ltd (Voluntary Administrator Appointed) (P3) Vista Commercial Construction (NT) Pty Ltd (Voluntary Administrator Appointed) (P4)
JUDGMENT OF:	Hamilton J

COUNSEL :	J T Johnson (P1-4)
SOLICITORS:	Nash O'Neill Tomko (P1-4)
CATCHWORDS:	CORPORATIONS [180] - Voluntary administration - Creditors' meeting - Application to extend time to convene - Relevant considerations - Meeting date falling between Christmas and New Year.
ACTS CITED:	Corporations Law, s 439A(6)
DECISION:	Time to convene meeting extended.

THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

HAMILTON J

FRIDAY, 17 DECEMBER 1999

5103/99 THE APPLICATION OF MARTIN JOHN GREEN & ORS

JUDGMENT

1 HIS HONOUR: This is an application for the Court under s 439A(6) of the Corporations Law to extend the convening period in respect of three companies which are respectively the second, third and fourth plaintiffs. The reason for the order being sought is a slightly unusual one.

2 The requirement of the Corporations Law, without the order being made, is that the meeting would have to be held no later than 30 December 1999. The three companies in administration are companies in the construction industry. The administrator is troubled that, if the meeting must be held in the period between Christmas and New Year, there would, by reason of the ordinary exigencies of life, be few creditors or other relevant people who would attend the meeting at that time, whereas he is of the view that as many of those people as possible should attend at the meeting. He asks that the convening period be extended until 14 January 2000, so that the meeting can be held in the second half of January when the attention of more of the relevant people is likely to be given to the business. This seems to me to be a reasonable and sensible course, and I propose to grant an extension of the convening period accordingly.

3    The orders I make are as follows:

1 I grant leave to the plaintiff to file the summons initialled by me returnable instanter.
2 I dispense with service of the summons.
3 Orders in accordance with short minutes initialled by me and placed with the papers.

…oOo…

Last Modified: 06/26/2000