In the matter of Creative Memories Australia Pty Limited (admins apptd) [2013] NSWSC 1294

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Creative Memories Australia Pty Limited (admins apptd) [2013] NSWSC 1294 Hearing dates: 28 May 2013 Decision date: 28 May 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made extending forward into a liquidation allowing electronic communication for notice of second meeting of creditors. Order that costs of the application be costs in the administration of the company. Catchwords: CORPORATIONS - management and administration - meetings - orders sought to modify means of dispatch of the notice of a second meeting of creditors - where the company had in the ordinary course communicated with its customers and its consultants by email - where substantial probability that the company will transition to a voluntary liquidation at the time of the second creditors' meeting - whether mailing notice of the second creditors' meeting would be a substantial expenditure - whether appropriate to extend an order allowing electronic communication forward to a liquidation of the company. Legislation Cited: Corporations Act 2001 (Cth) ss 439A, 439A(4), 446A, 447A, Pt 5.3A Cases Cited: - Gibbons v Liberty One Ltd (in liq) [2002] NSWSC 274; (2002) 41 ACSR 442 - Re One.Tel Ltd [2002] NSWSC 1081; (2003) 43 ACSR 305 Category: Interlocutory applications Parties: Peter Paul Krejci & Walter Paul Burges as voluntary administrators of Creative Memories Australia Pty Limited (administrators appointed) (First Plaintiff) Creative Memories Australia Pty Limited (Administrators Appointed) (Second Plaintiff) Representation: Counsel: C. Harris SC (Plaintiffs) Solicitors: Colin Biggers & Paisley (Plaintiffs) File Number(s): 2013/164650