In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed)

[2005] FCA 1192

FEDERAL COURT OF AUSTRALIA

In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed) (No 5) FCA 1192

Corporations Act 2001 (Cth) s 447A(1)

Re Bosnjak Holdings Pty Ltd [2005] NSWSC 527 cited

IN THE MATTER OF HENRY WALKER ELTIN GROUP LTD (ADMINISTRATORS APPOINTED)
NSD 1382 OF 2005

HELY J
15 AUGUST 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1382 OF 2005

BETWEEN:

ANTHONY GREGORY McGRATH,
SCOTT BRADLEY KERSHAW,
JOSEPH DAVID HAYES AND SHAUN ROBERT FRASER
(IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF HENRY WALKER ELTIN GROUP LIMITED (ADMINISTRATORS APPOINTED)
ACN 007 710 483 AND THE COMPANIES LISTED IN SCHEDULE 1
FIRST PLAINTIFFS

HENRY WALKER ELTIN GROUP LIMITED
(ADMINISTRATORS APPOINTED) ACN 007 710 483 AND THE COMPANIES LISTED IN SCHEDULE 1

SECOND PLAINTIFFS

JUDGE:

HELY J

DATE OF ORDER:

15 AUGUST 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 447A(1) of the Corporations Act 2001 (‘the Act’) Part 5.3A of the Act is to operate in relation to each of the second plaintiffs such that the meetings of creditors of each of the second plaintiffs held pursuant to s 439A of the Act may be adjourned to a date appointed by the first plaintiffs which is no more than 120 days after 8 July 2005.

2.Liberty to apply be granted to any person who can demonstrate sufficient interest to modify or discharge these orders upon appropriate notice being given to the plaintiffs.

3.The costs and expenses of this proceeding be costs and expenses of the administration of the second plaintiffs.

SCHEDULE 1

“HWE Group”
All in administration

Company	ACN
Henry Walker Eltin Group Limited	007 710 483
Bulumba Pty Limited	008 060 240
Capnorth Developments Pty Limited	009 640 251
Castlemaine Wastewater Treatment Pty Limited	081 417 030
HWE Civil Pty Limited	106 551 302
HWE Finance Pty Limited	009 593 668
HWE Land Pty Limited	009 614 788
HWGL Services Pty Limited	009 615 436
HWIO Pty Limited	072 445 179
Inventive Pty Limited	009 639 310
LSM Projects Pty Limited	106 580 134
Northaust Auto Hire Pty Limited	009 639 490
Simon Engineering (Australia) Holdings Pty Ltd	000 142 165
Simon Engineering (Australia) Pty Limited	000 117 000
Bridge Autos Pty Limited	009 625 816
Dover Investments Pty Limited	009 637 914
ACN 009 366 036 Pty Limited	009 366 036
Castleton Pty Limited	009 210 664
Elton International Pty Limited	009 211 456
Elton Open Pitt Operations Pty Limited	008 918 278
Elton Surface Mining Pty Limited	062 450 113
Elton Underground Operations Pty Limited	008 906 849
Henry Walker Eltin Contracting Pty Limited	009 625 138
Henry Walker Environmental Pty Limited	009 627 490
Henry Walker Underground Pty Limited	007 649 274
HWE Cockatoo Pty Limited	009 639 285

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1382 OF 2005

BETWEEN:

ANTHONY GREGORY McGRATH,
SCOTT BRADLEY KERSHAW,
JOSEPH DAVID HAYES AND SHAUN ROBERT FRASER
(IN THEIR CAPACITY AS VOLUNTARY ADMINISTRATORS OF HENRY WALKER ELTIN GROUP LIMITED (ADMINISTRATORS APPOINTED)
ACN 007 710 483 AND THE COMPANIES LISTED IN SCHEDULE 1
FIRST PLAINTIFFS

HENRY WALKER ELTIN GROUP LIMITED
(ADMINISTRATORS APPOINTED) ACN 007 710 483 AND THE COMPANIES LISTED IN SCHEDULE 1

SECOND PLAINTIFFS

JUDGE:

HELY J

DATE:

15 AUGUST 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. I am asked to make orders pursuant to s 447A of the Corporations Act 2001 (Cth) in relation to the second plaintiffs. The circumstances in which I am asked to make those orders are not dissimilar from those which were considered by the Chief Judge in Equity, Justice Young, in Re Bosnjak Holdings Pty Ltd [2005] NSWSC 527.

2. Notice of this application has been given to the creditors and customers of the companies concerned without any objection to the proposed orders being indicated.  The position of affected persons is in any event preserved by the liberty to apply reserved by order 2.

3. I therefore make the following orders:

   (1)Pursuant to s 447A(1) of the Corporations Act 2001 (‘the Act’) Part 5.3A of the Act is to operate in relation to each of the second plaintiffs such that the meetings of creditors of each of the second plaintiffs held pursuant to s 439A of the Act may be adjourned to a date appointed by the first plaintiffs which is no more than 120 days after 8 July 2005.

   (2)Liberty to apply be granted to any person who can demonstrate sufficient interest to modify or discharge these orders upon appropriate notice being given to the plaintiffs.

   (3)The costs and expenses of this proceeding be costs and expenses of the administration of the second plaintiffs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.

Associate:

Dated:             25 August 2005

Counsel for the Plaintiffs:	M Oakes SC
Solicitor for the Plaintiffs:	Kemp Strang
Date of Hearing:	15 August 2005
Date of Judgment:	15 August 2005