RE WINDIMURRA VANADIUM LTD & MIDWEST VANADIUM PTY LTD; EX PARTE WEAVER [No 4] [2009] WASC 373
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2009] WASC 373 | |
| 09/12/2009 | |||
| Case No: | COR:47/2009 | 27 NOVEMBER 2009 | |
| Coram: | BEECH J | 27/11/09 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Application granted | ||
| B | |||
| PDF Version |
| Parties: | DARREN GORDON WEAVER As Administrator of WINDIMURRA VANADIUM LTD ACN 009 131 533 and MIDWEST VANADIUM PTY LTD ACN 113 874 712 (Receivers and Managers Appointed) (Administrators Appointed) ANDREW JOHN SAKER As Administrator of WINDIMURRA VANADIUM LTD ACN 009 131 533 and MIDWEST VANADIUM PTY LTD ACN 113 874 712 (Receivers and Managers Appointed) (Administrators Appointed) MARTIN JONES As Administrator of WINDIMURRA VANADIUM LTD ACN 009 131 533 and MIDWEST VANADIUM PTY LTD ACN 113 874 712 (Receivers and Managers Appointed) (Administrators Appointed) |
Catchwords: | Corporations Administration Meeting of creditors Convening period Application for extension Turns on own facts |
Legislation: | Corporations Act 2001 (Cth) s 439A(4), s 439A(6), s 447A |
Case References: | Re Windimurra Vanadium Ltd & Midwest Vanadium Pty Ltd; Ex parte Weaver [2009] WASC 182 Re Windimurra Vanadium Ltd & Midwest Vanadium Pty Ltd; Ex parte Weaver [2009] WASC 302 Re Windimurra Vanadium Ltd & Midwest Vanadium Pty Ltd; Ex parte Weaver [2009] WASC 71 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
DARREN GORDON WEAVER As Administrator of WINDIMURRA VANADIUM LTD ACN 009 131 533 and MIDWEST VANADIUM PTY LTD ACN 113 874 712 (Receivers and Managers Appointed) (Administrators Appointed)
First-named plaintiff
ANDREW JOHN SAKER As Administrator of WINDIMURRA VANADIUM LTD ACN 009 131 533 and MIDWEST VANADIUM PTY LTD ACN 113 874 712 (Receivers and Managers Appointed) (Administrators Appointed)
Second-named plaintiff
MARTIN JONES As Administrator of WINDIMURRA VANADIUM LTD ACN 009 131 533 and MIDWEST VANADIUM PTY LTD ACN 113 874 712 (Receivers and Managers Appointed) (Administrators Appointed)
Third-named plaintiff
Catchwords:
Corporations - Administration - Meeting of creditors - Convening period - Application for extension - Turns on own facts
Legislation:
Corporations Act 2001 (Cth) s 439A(4), s 439A(6), s 447A
Result:
Application granted
Category: B
Representation:
Counsel:
First-named plaintiff : Mr M D Howard SC & Mr G J Archer
Second-named plaintiff : Mr M D Howard SC & Mr G J Archer
Third-named plaintiff : Mr M D Howard SC & Mr G J Archer
Solicitors:
First-named plaintiff : Hardy Bowen
Second-named plaintiff : Hardy Bowen
Third-named plaintiff : Hardy Bowen
Case(s) referred to in judgment(s):
Re Windimurra Vanadium Ltd & Midwest Vanadium Pty Ltd; Ex parte Weaver [2009] WASC 182
Re Windimurra Vanadium Ltd & Midwest Vanadium…
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- Case
- [2009] WASC 373
- Decision Date
CaseChat Overview and Summary
The Court considered the statutory framework governing the convening of creditor meetings, particularly the provisions that allow for extensions under certain conditions. It evaluated the evidence presented regarding the reasons for the delay in convening the meeting and the steps taken by the applicants to manage the affairs of the companies during this period. The Court noted that extensions are not automatically granted and require a showing of good cause, as well as an assessment of the applicants' conduct in managing the companies' affairs.
Upon reviewing the evidence, the Court found that the applicants had demonstrated sufficient cause for the delay and had acted diligently in their administration. The Court determined that the applicants' reasons for the delay were reasonable and beyond their control, and that they had taken appropriate steps to manage the companies' affairs during the intervening period. As a result, the Court granted the application for an extension of the convening period.
Orders
Orders of the court
Application granted
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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