In the matter of MF Global Australia Limited (in liquidation) [2013] NSWSC 779

Supreme Court New South Wales

Medium Neutral Citation: In the matter of MF Global Australia Limited (in liquidation) [2013] NSWSC 779 Hearing dates: 27 March 2013 Decision date: 27 March 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made allowing for notification of creditors by email. Catchwords: CORPORATIONS - winding up - liquidators - liquidators seek orders under s 447A of the Corporations Act 2001 (Cth) so as to alter the manner in which certain notices may be given to creditors - whether the costs of adhering to usual notification requirements for meetings are proportionate to the benefit that would be obtained. Legislation Cited: Corporations Act 2001 (Cth) ss 446A, 447A, 508, 508(1)(b), 509 Corporations Regulations 2001 (Cth) regs 5.6.11A, 5.6.12, 5.6.48, 5.6.65, 5.6.67(3) Cases Cited: - Australasian Memory Pty Ltd v Brien [2000] HCA 30; (2000) 200 CLR 270 - Gibbons v LibertyOne Ltd (in liq) [2002] NSWCA 274; (2002) 41A CSR 442 - Re Centaur Mining & Exploration Ltd (in liq) [2003] FCA 1339; (2003) 48 ACSR 1 - Re Love (as liquidator of ACN 077 308 257 Ltd) [2003] NSWSC 58; (2003) 44 ACSR 367 - Re Mothercare Australia Ltd (admin apptd) [2013] NSWSC 263 - Re One.Tel Ltd; Walker & Sherman (as liqs) [2002] NSWSC 1081; (2002) 43 ACSR 305 Category: Interlocutory applications Parties: Christopher Robert Campbell, Vaughan Neil Strawbridge and David John Frank Lombe in their capacity as liquidators of the second plaintiff) (First Plaintiffs) MF Global Australia Limited (in liquidation) (Second Plaintiff) Representation: Counsel: Mr E Poulos (solicitor) (Plaintiffs) Solicitors: Ashurst Australia (Plaintiffs) File Number(s): 2013/93928