CORPORATIONS – application by administrators to extend convening period for second meeting of creditors under ss 439A(6) and 447A of the Corporations Act 2001 (Cth) – where interested person opposed the extension – where interested person entered into construction contracts with company – where interested person claims security under terms of construction contracts on the basis of registered judgments of the Supreme Court of New South Wales and the District Court of New South Wales obtained under the Building and Construction Industry Security of Payment Act 1999 (NSW) following an adjudication process – where adjudication certificates and registered judgments obtained after the appointment of the administrators – where there are extant proceedings commenced before the appointment of the administrators seeking orders setting aside determinations on which the adjudication certificates were based – where there are extant proceedings commenced after the appointment of the administrators seeking to set aside registered judgments – where administrators sought extension to allow administrators to investigate security claims of the interested person, security claims of the trust which provided vendor finance for the property on which construction occurred and security claims of the trust which provided finance for the construction – where director of the company in administration and the trustee of the trust which provided construction finance raised the possibility of proposing a deed of company arrangement but none yet proposed – where finding that creditors are not unfairly prejudiced by an extension – application granted for period shorter than that proposed by administrators.

Michael Collins appeared for the Plaintiffs.

Reasons for the decision can be found here.