In the matter of Creative Memories Australia Pty Limited (administrators appointed) [2013] NSWSC 732

In the matter of Creative Memories Australia Pty Limited (administrators appointed) [2013] NSWSC 732

The modification to allow notice by email to creditors for whom the company has an email address, and by post to trade creditors where postal addresses are held, is appropriate as it expands rather than restricts notification, is consistent with the statutory requirement to notify as many creditors as reasonably practicable, is supported by evidence of practicality and cost, and aligns with previous court practice.

Jurisdiction
Australia
Judgment Date
06 May 2013
Procedural Posture
Interlocutory Application / Application for Orders Modifying Notice Requirements for Creditors' Meeting
Outcome
Orders made allowing notice of first creditors' meeting by email (where address held), by post (to trade creditors where postal address held), and by publication in The Australian; costs to be costs in the administration; orders to be entered forthwith.
Legal Topics
['meetings of Creditors' 'notice Requirements' 'administration of Companies' 'electronic Service of Notice']
['corporations Law'] ['meetings of Creditors' 'notice Requirements' 'administration of Companies' 'electronic Service of Notice']

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Procedural Posture

Interlocutory Application / Application for Orders Modifying Notice Requirements for Creditors' Meeting

Legal Issues

  1. 1 ['Whether notice to creditors of first meeting can be validly given by email instead of by post where email addresses are held' 'Whether such notice requirements satisfy s 436E(3) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

The modification to allow notice by email to creditors for whom the company has an email address, and by post to trade creditors where postal addresses are held, is appropriate as it expands rather than restricts notification, is consistent with the statutory requirement to notify as many creditors as reasonably practicable, is supported by evidence of practicality and cost, and aligns with previous court practice.

Court Disposition

Orders made allowing notice of first creditors' meeting by email (where address held), by post (to trade creditors where postal address held), and by publication in The Australian; costs to be costs in the administration; orders to be entered forthwith.

Orders

  • ["Notice to creditors of the first meeting of creditors of Creative Memories Australia Pty Limited may be given validly by email where the creditor's email address is held and by post to trade creditors where postal address is held." 'Notice of the meeting to be published in The Australian newspaper.' 'Costs of the...