In the matter of Walter Construction Group Limited (Administrators Appointed)

[2005] FCA 321

FEDERAL COURT OF AUSTRALIA

In the matter of Walter Construction Group Limited (Administrators Appointed) [2005] FCA 321

Corporations Act 2001 (Cth) s 439A(6)

IN THE MATTER OF WALTER CONSTRUCTION GROUP LIMITED (ADMINISTRATORS APPOINTED), WALTER GROUP FINANCE PTY LIMITED (ADMINISTRATORS APPOINTED) AND CAIRNS SHELFCO NO 16 PTY LIMITED  (ADMINISTRATORS APPOINTED)

NSD 235 OF 2005

HELY J
18 FEBRUARY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 235 OF 2005

BETWEEN:

MARTIN MADDEN AND DAVID WINTERBOTTOM
JOINT ADMINISTRATORS OF WALTER CONSTRUCTION GROUP LIMITED (ADMINISTRATORS APPOINTED)
ACN 008 190 074
WALTER GROUP FINANCE PTY LIMITED
(ADMINISTRATORS APPOINTED)
ACN 092 923 978
CAIRNS SHELFCO NO 16 PTY LTD
(ADMINISTRATORS APPOINTED)
ACN 010 327 312

PLAINTIFFS

JUDGE:

HELY J

DATE OF ORDER:

18 FEBRUARY 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) the convening period within which the plaintiffs must convene a meeting of the creditors of Walter Construction Group Limited (Administrators Appointed) ACN 008 190 074, Walter Group Finance Pty Limited (Administrators Appointed) ACN 092 923 978 and Cairns Shelfco No 16 Pty Limited (Administrators Appointed ) ACN 010 327 312 be extended up to and including 21 April 2005.

2.Liberty be granted to any person who has a sufficient interest to apply to modify or discharge the order upon such period of notice as is considered reasonable by the Court.

3.The costs of the application be costs in the administrations.

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 235 OF 2005

BETWEEN:

MARTIN MADDEN AND DAVID WINTERBOTTOM
JOINT ADMINISTRATORS OF WALTER CONSTRUCTION GROUP LIMITED (ADMINISTRATORS APPOINTED)
ACN 008 190 074
WALTER GROUP FINANCE PTY LIMITED
(ADMINISTRATORS APPOINTED)
ACN 092 923 978
CAIRNS SHELFCO NO 16 PTY LTD
(ADMINISTRATORS APPOINTED)
ACN 010 327 312

PLAINTIFFS

JUDGE:

HELY J

DATE:

18 FEBRUARY 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. This is an application under s 439A(6) of the Corporations Act 2001 (Cth) (‘the Act’) for an extension of the period for convening a meeting of creditors. The plaintiffs were appointed administrators of the three applicant companies, Walter Construction Group Limited, Walter Group Finance Pty Limited and Cairns Shelfco No 16 Pty Limited, on 1 February, 3 February and 3 February 2005 respectively. The first meetings of creditors of those companies were held on 8 February, 10 February and 10 February 2005 respectively.

2. The evidence before me suggests that there may be insufficient funds to pay the secured creditors in full.  The affidavit of Mr Winterbottom on 16 February 2005 details the administrators’ actions and investigations to date.  The affidavit also explains in some detail the reasons why an extension of the convening period is required in relation to each of the companies.  The extension which is sought is until 21 April 2005.  The committee of creditors of Walter Construction has been notified of the intended application.  Creditors’ committees have not been appointed in relation to the other companies. 

3. The applications are made before the expiration of the convening period as required by the statute.  In all the circumstances, I think it is appropriate that the application should be granted.  However, the application is made ex parte and it is at least theoretically possible that some person may have an interest in opposing it.  For that reason I think that there should be a reservation of liberty to any person who has a sufficient interest to apply to modify or discharge these orders on such notice to the applicants as a judge may allow.

4. I therefore make the following orders:

   1.Pursuant to s 439A(6) of the Corporations Act 2001 (Cth) the convening period within which the plaintiffs must convene a meeting of the creditors of Walter Construction Group Limited (Administrators Appointed) ACN 008 190 074, Walter Group Finance Pty Limited (Administrators Appointed) ACN 092 923 978 and Cairns Shelfco No 16 Pty Limited (Administrators Appointed ) ACN 010 327 312 be extended up to and including 21 April 2005.

   2.Liberty be granted to any person who has a sufficient interest to apply to modify or discharge the order upon such period of notice as is considered reasonable by the Court.

   3.The costs of the application be costs in the administrations.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.

Associate:

Dated:             31 March 2005

Counsel for the Plaintiff:	L V Gyles
Solicitor for the Plaintiff:	Corrs Chambers Westgarth
Date of Hearing:	18 February 2005
Date of Judgment:	18 February 2005