Event and Time
Event Description
- Date of Initial Administrators' Appointment: 2 March 2021
- Companies In Administration: Joint and several voluntary administrators appointed to multiple related companies under the Corporations Act 2001 (Cth).
- Plaintiff Companies:
- Zeto 6 Malcolm Pty Ltd - 79–81 KNG Templestowe Pty Ltd - Twenty Seven Box Hill Pty Ltd - 7–8 Blanche Pty Ltd - Zeto 8–10 Pty Ltd
Application and Claims
- Date of Application: Originating process filed on 1 April 2021.
- Sought Orders:
- Extension of the period for convening the second meeting of creditors under s 439A(6) of the Act until midnight on 7 July 2021. - Orders pursuant to s 447A allowing meetings of creditors to be convened within an extended timeframe and various consequential orders.
Judicial Decisions
- Decision Date: Orders made on 8 April 2021.
- Outcome: The court granted the extension for the convening period of the second meetings of creditors and provided ancillary orders, with reasons to be provided subsequently.
Dispute Points and Legal Basis
Dispute Points
- Claims:
- The Administrators argued for the extension of the convening period citing difficulties in convening meetings due to the background of the Companies' financial status and ongoing issues with property developments hindered by restraining orders.
- Arguments:
- The Administrators presented evidence of the Companies being impacted by prior restraining orders which halted funding and developments. - They relied on the Kaso Affidavit and written submissions, describing ongoing property developments and the financial obligations of the Companies to creditors.