Quinlan, in the matter of Halifax Investment Services Pty Ltd (Administrators Appointed) [2018] FCA 1891

FEDERAL COURT OF AUSTRALIA

Quinlan, in the matter of Halifax Investment Services Pty Ltd (Administrators Appointed) [2018] FCA 1891 File number: NSD 2191 of 2018

Judge: YATES J

Date of judgment: 26 November 2018

Catchwords: CORPORATIONS – application to modify requirements of Corporations Act 2001 (Cth) to provide notice of first meeting of creditors and administrators' declaration of independence electronically

Legislation: Corporations Act 2001 (Cth), ss 447A, 436A, 436DA(3), 436E(3)

Cases cited: In the matter of BBY Limited [2015] NSWSC 974

Date of hearing: 26 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 15

Counsel for the Plaintiffs: Mr M L Rose

Solicitor for the Plaintiffs: Johnson Winter & Slattery

ORDERS NSD 2191 of 2018 IN THE MATTER OF HALIFAX INVESTMENT SERVICES PTY LTD (ADMINISTRATORS APPOINTED) ACN 096 980 522 PHILIP ALEXANDER QUINLAN, MORGAN JOHN KELLY AND STEWART MCCALLUM IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF HALIFAX INVESTMENT SERVICES PTY LTD (ADMINISTRATORS APPOINTED) ACN 096 980 522 Plaintiffs

JUDGE: YATES J DATE OF ORDER: 26 NOVEMBER 2018

THE COURT ORDERS THAT:

1. On the undertaking given on behalf of the plaintiffs by their Counsel that the Originating Process will be filed electronically forthwith after the conclusion of today's hearing, the Originating Process be returnable instanter. 2. Pursuant to s 447A(1) of the Corporations Act 2001 (Cth) (the Act), Pt 5.3A of the Act is to operate in relation to Halifax Investment Services Pty Ltd (Administrators Appointed) ACN 096 980 522 (the Company) such that notice of the first meeting of the creditors of the Company required to be given pursuant to s 436E(3) of the Act, and the declaration required to be given pursuant to s 436DA(3)(a) of the Act, and any notice under r 75-15(1) of the Insolvency Practice Rules (Corporations) 2016 (the Notices) will be validly given to creditors of the Company by: (a) causing the Notices to be published on the ASIC published notices website at https://insolvencynotices.asic.gov.au/; (b) publishing the Notices on the website maintained by the plaintiffs at https://www.ferrierhodgson.com/au/creditors/halifax-investment-services-pty-ltd; (c) publishing the Notices on the website of the Company at www.halifax.com.au (the Company Website); (d) alerting clients of the Company, who use the electronic trading platforms provided by the Company "Halifax Plus", "Halifax Pro" and "Trader Workstation" to the publication of the Notices on the Company Website via a message published on those electronic trading platforms; (e) sending a hyperlink to the Notices published on the Company Website by email to the email address of each creditor at such email address as is recorded in the books and records of the Company; and (f) where an email address is not recorded in the books and records of the Company but a postal address is recorded, sending by post the Notices to the postal address of each creditor at such postal address as is recorded in the books and records of the Company. 3. The plaintiffs' costs of and incidental to this application be costs and expenses in the administration of the Company, and be paid out of the assets of the Company. 4. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.