Natkunarajah (Liquidator), in the matter of FLY365 Pty Ltd (in liquidation) [2020] FCA 419

FEDERAL COURT OF AUSTRALIA

Natkunarajah (Liquidator), in the matter of FLY365 Pty Ltd (in liquidation) [2020] FCA 419 File number: NSD 210 of 2020

Judge: GLEESON J

Date of judgment: 2 March 2020

Date of publication of reasons: 1 April 2020

Catchwords: CORPORATIONS – appointment of additional liquidators – where original liquidation has turned out to be more burdensome than the liquidator had reasonably expected – where liquidator does not have sufficient resources to do all of the tasks urgently required – where additional liquidators' work is distinct from that of original liquidator – where original liquidator will eventually retire – whether in the interests of creditors to appoint additional liquidators CORPORATIONS – power to require or permit electronic notification – where liquidator must provide company's creditors with certain information pursuant to s 497(1) of the Corporations Act 2001 (Cth) and r 70-30 and r 70-35 of Insolvency Practice Rules (Corporations) 2016 – section 28A of the Acts Interpretation Act 1901 (Cth) does not provide for electronic service – where company's creditors include some of its customers – where company's records only include the email addresses of customers, not postal addresses for its customers

Legislation: Acts Interpretation Act 1901 (Cth) s 28A Corporations Act 2001 (Cth), Sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Corporations Act 2001 (Cth) ss 491 Insolvency Practice Rules (Corporations) 2016 (Cth) ss 70-30 and 70-35

Cases cited: GDK Projects Pty Ltd, in the matter of Umberto Pty Ltd (in liquidation) [2018] FCA 541 In the matter of Accommodation Clearing House Pty Ltd (in liquidation) [2013] NSWSC 784 In the matter of BBY Limited [2015] NSWSC 974 D Pearce, Statutory Interpretation in Australia (9th ed, Lexisnexis Butterworths Australia, 2019), [11.28]