Holzman v New Horizons Learning Centre (Canberra) Pty Ltd & Ors [2004] NSWSC 90

Reported Decision : (2004) 22 ACLC 446

New South Wales Supreme Court

CITATION : Holzman v New Horizons Learning Centre (Canberra) Pty Ltd & Ors [2004] NSWSC 90 HEARING DATE(S) : 20 February, 2004 JUDGMENT DATE : 24 February 2004 JURISDICTION: Equity Division JUDGMENT OF : Palmer J DECISION : Order made under s.447A CA.

CATCHWORDS : CORPORATIONS - ADMINISTRATION - MEETINGS - ATTENDANCE BY VIDEO LINK - Whether administrator can preside at creditors' meeting under s.439A CA by video conference link - application for permissive order under s.447A. LEGISLATION CITED : Corporations Act 2001 (Cth) - s.439A, s.439B, s.439E, s.447A CASES CITED : - Bovis Lend Lease Pty Ltd v Wily (2003) 45 ACSR 612 - Hagan Pty Ltd (Receiver and Manager Appointed) (Administrator Appointed), Re A&D: (2003) 46 ACSR 434 - Manfred Holzman, Plaintiff - New Horizons Learning Centre (Canberra) Pty Ltd (Administrator Appointed), First Defendant PARTIES : - New Horizons Learning Centre (Perth) Pty Ltd (Administrator Appointed), Second Defendant - New Horizons Learning Centre (Adelaide) Pty Ltd (Administrator Appointed), Third Defendant - New Horizons Learning Centre (Brisbane) Pty Ltd (Administrator Appointed), Fourth Defendant FILE NUMBER(S) : SC 1565/04 COUNSEL : A.D. Linden (Sol) - Plaintiff No appearance for Defendants SOLICITORS : Kemp Strang - Plaintiff

Introduction

1 This is an urgent application under s.447A(1) and (4) of the Corporations Act 2001 (Cth) by the administrator of four companies for an order permitting him to attend, by video conference link, meetings of creditors of the companies required to be held pursuant to s.439A. 2 The application is made because Austin J has held in Bovis Lend Lease Pty Ltd v Wily (2003) 45 ACSR 612 that s.439B(1) of the Act requires personal attendance by an administrator at a meeting held under s.439A. His Honour repeated that view in Re A&D Hagan Pty Ltd (Receiver and Manager Appointed) (Administrator Appointed) (2003) 46 ACSR 434. The administrator in the present case is unsure whether his attendance at the meetings by video conference link qualifies as "personal attendance" – hence his application for an enabling order under s.447A. 3 At the conclusion of the submissions made by Mr Linden in support of the application, I announced that I would make the orders sought but would publish my reasons later. These are those reasons. The construction of s.439B(1)