In the matter of BBY Limited [2015] NSWSC 974

Supreme Court New South Wales

Medium Neutral Citation: In the matter of BBY Limited [2015] NSWSC 974 Hearing dates: 20 May 2015 Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Orders made permitting distribution of notices of creditors' meeting, etc by electronic means. Catchwords: CORPORATIONS – voluntary administration – creditors' meeting – notices to creditors convening meeting – application for leave to distribute notices by email, fax or post – willingness of Court to make such orders – where distribution by electronic means, fax or post would be more economical and would ensure notice to maximum number of creditors at earliest possible time. Legislation Cited: (Cth) Corporations Act 2001, s 436A, s 436DA(2), s 436E, s 439A(3), s 447A(1) Cases Cited: ABC Learning Centres Ltd (Administrators Appointed) (Receivers & Managers Appointed) ACN 079 736 664 v Honey [2010] FCA 353 Carson, in the matter of Hastie Group Limited [2012] FCA 626 Carson, in the matter of Hastie Group Limited (No 2) [2012] FCA 717 In the matter of Creative Memories Australia Pty Limited (administrators appointed) [2013] NSWSC 732 In the matter of Mothercare Australia Limited (administrators appointed) [2013] NSWSC 263 Silvia, in the matter of FEA Plantations Ltd (Administrators Appointed) [2010] FCA 468 Category: Principal judgment Parties: Stephen Ernest Vaughan and Ian Richard Hall in their capacity as joint and several administrators of BBY Limited ACN 006 707 777 and the entities listed in schedule 1 (first plaintiff) BBY Limited (administrators appointed) (receivers and managers appointed) ACN 006 707 777 (second plaintiff) BBY Holdings Pty Ltd (administrators appointed) (receivers and managers appointed) ACN 075 187 432 (third plaintiff) Broker Services Australia Pty Limited (administrators appointed) (receivers and managers appointed) ACN 074 976 364 (fourth plaintiff) BBY Advisory Services Pty Limited (administrators appointed) (receivers and managers appointed) ACN 102 761 008 (fifth plaintiff) Smartrader Limited (administrators appointed) ACN 115 752 102 (sixth plaintiff) BBY Hometrader Pty Ltd (administrators appointed) ACN 134 838 207 (seventh plaintiff) BBY Nominees Pty Ltd (administrators appointed) ACN 007 001 443 (eighth plaintiff) BBY Protection Nominees Pty Limited (administrators appointed) ACN 007 001 710 (ninth plaintiff) Tilbia Nominees Pty Ltd (administrators appointed) ACN 007 001 578 (tenth plaintiff) Options Research Pty Ltd (administrators appointed) ACN 006 770 627 (eleventh plaintiff) Representation: Counsel: R Foreman (plaintiffs)