CORPORATIONS — Scheme of arrangement — where defendant scheme administrators sent to all known and potential scheme creditors a final claim form for estimation — defendant rejected claim because form returned late — application for order under (Cth) Corporations Act 2001 s 1321 reversing defendant's decision to reject form — consideration of proper construction of scheme document — whether form returned in time — plaintiff must be taken to have returned the document "so as to reach" the defendant if it caused it to be posted at a time when its reasonable expectation was that it would reach the defendant by the specified time — defendants were wrong to exclude the plaintiff's claim on the basis that it was late — appropriate to extend time under s 1322(4) if finding with respect to return of form not made.
Case Details
Citation[2013] NSWSC 1983
CourtNSWSC
JurisdictionNew South Wales
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