In the matter of Ice TV Pty Limited (administrators appointed) [2015] NSWSC 2006

In the matter of Ice TV Pty Limited (administrators appointed) [2015] NSWSC 2006

Orders under s 447A were warranted because the affected creditors were numerous subscribers and set top box purchasers who had provided email addresses in dealing with the Company; printing and posting notices would cause substantial cost and delay to the detriment of creditors generally; email notification with a website link would bring notice to the maximum number of affected creditors at the earliest possible time in a more economical and efficient manner; hard copies would be provided on request; and employees and general creditors would continue to receive notice by prepaid ordinary mail.

Jurisdiction
Australia
Judgment Date
27 October 2015
Procedural Posture
Corporations Insolvency Application Under S 447 a of the Corporations Act 2001 (cth) / Originating Process Filed by Leave; Ex Tempore Principal Judgment
Outcome
Application granted; orders made in accordance with the short minutes of order initialled by Black J and placed in the file.
Legal Topics
['voluntary Administration' "notice of Creditors' Meeting" 'electronic Notice to Creditors' 'section 447 a Orders']
['corporations' 'insolvency'] ['voluntary Administration' "notice of Creditors' Meeting" 'electronic Notice to Creditors' 'section 447 a Orders']

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Procedural Posture

Corporations Insolvency Application Under S 447 a of the Corporations Act 2001 (cth) / Originating Process Filed by Leave; Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether orders should be made under s 447A of the Corporations Act 2001 (Cth) permitting notice of a meeting of creditors and associated documents to be sent by email to subscribers and set top box purchasers of the Company.' 'Whether electronic notification would better promote the objects of Pt 5.3A of the Corporations Act 2001 (Cth) than printing and posting notices to numerous creditors.']

Ratio Decidendi

Orders under s 447A were warranted because the affected creditors were numerous subscribers and set top box purchasers who had provided email addresses in dealing with the Company; printing and posting notices would cause substantial cost and delay to the detriment of creditors generally; email notification with a website link would bring notice to the maximum number of affected creditors at the earliest possible time in a more economical and efficient manner; hard copies would be provided on request; and employees and general creditors would continue to receive notice by prepaid ordinary mail.

Court Disposition

Application granted; orders made in accordance with the short minutes of order initialled by Black J and placed in the file.

Orders

  • ['Orders permitting notice of the meeting of creditors and documents required for that meeting to be sent by email to creditors who are subscribers or set top box purchasers of the Company.' 'The modification does not extend to employees or general creditors.' 'The costs of the application are to be costs and...