Lord; in the matter of Tallwood Nominees Pty Ltd (Administrators Appointed)

Brett Stephen Lord applied to the Federal Court of Australia for an extension of time for the convening of the second meeting of creditors of two companies, Tallwood Nominees Pty Ltd and MacSea Nominees Pty Ltd, both of which were under administration. The matter was heard by Justice Gilmour. The applicant sought an extension of the convening period for the second meeting of creditors under section 439A(6) of the Corporations Act 2001 (Cth) (Act). The applicant also sought that the meetings of creditors may be held at any time during, or within 5 business days after the end of the convening period as extended, notwithstanding the provisions of section 439A(2) of the Act. The applicant further sought that his affidavit be placed in a sealed envelope on the Court file and that no part of the affidavit be inspected without the leave of the Court. In his affidavit, the applicant stated that he had applied to the Court to have the convening period extended as there had been delays in obtaining information and documents from the administrators of the two companies, which had caused a delay in the preparation of the minutes of the meeting of creditors. The applicant submitted that the extension of time was necessary to enable the creditors to properly consider the minutes of the meeting of creditors and the report of the administrators. The Court found that there were reasonable grounds for the extension of time and that the extension was in the interests of justice. The Court also found that the affidavit should be placed in a sealed envelope on the Court file and that no part of the affidavit be inspected without the leave of the Court. The Court made the orders as sought by the applicant.