In the matter of Henry Walker Eltin Group Ltd (Administrators Appointed)
[2005] FCA 1192
•15 AUGUST 2005
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 2005HELY 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 PLAINTIFFSHENRY WALKER ELTIN GROUP LIMITED
(ADMINISTRATORS APPOINTED) ACN 007 710 483 AND THE COMPANIES LISTED IN SCHEDULE 1SECOND 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 PLAINTIFFSHENRY WALKER ELTIN GROUP LIMITED
(ADMINISTRATORS APPOINTED) ACN 007 710 483 AND THE COMPANIES LISTED IN SCHEDULE 1SECOND PLAINTIFFS
JUDGE:
HELY J
DATE:
15 AUGUST 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
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.
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.
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
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