In the matter of BBY Limited [2015] NSWSC 974

In the matter of BBY Limited [2015] NSWSC 974

It is appropriate to permit notices to creditors (including meeting notices and reports) to be given by email where an address is held, or otherwise by post or fax, because this will most efficiently and economically give notice to the maximum number of creditors at the earliest possible time, in light of current commercial practice and the scale of the creditor base.

Parties
First Plaintiff: 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; Second Plaintiff: BBY Limited (administrators appointed) (receivers and managers appointed) ACN 006 707 777; Third Plaintiff: BBY Holdings Pty Ltd (administrators appointed) (receivers and managers appointed) ACN 075 187 432; Fourth Plaintiff: Broker Services Australia Pty Limited (administrators appointed) (receivers and managers appointed) ACN 074 976 364; Fifth Plaintiff: BBY Advisory Services Pty Limited (administrators appointed) (receivers and managers appointed) ACN 102 761 008; Sixth Plaintiff: Smartrader Limited (administrators appointed) ACN 115 752 102; Seventh Plaintiff: BBY Hometrader Pty Ltd (administrators appointed) ACN 134 838 207; Eighth Plaintiff: BBY Nominees Pty Ltd (administrators appointed) ACN 007 001 443; Ninth Plaintiff: BBY Protection Nominees Pty Limited (administrators appointed) ACN 007 001 710; Tenth Plaintiff: Tilbia Nominees Pty Ltd (administrators appointed) ACN 007 001 578; Eleventh Plaintiff: Options Research Pty Ltd (administrators appointed) ACN 006 770 627
Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Application in Voluntary Administration / Interlocutory Orders on Mode of Notification to Creditors
Outcome
Orders made permitting notice by electronic means and related modalities; costs reserved as application expenses in the administration.
Legal Topics
Voluntary Administration, Creditors' Meetings, Notice to Creditors, Electronic Communications
Corporations Law Voluntary Administration Creditors' Meetings Notice to Creditors Electronic Communications

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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

Procedural Posture

Application in Voluntary Administration / Interlocutory Orders on Mode of Notification to Creditors

Legal Issues

  1. 1 Whether the Court should permit notification of creditors’ meetings and related documents by electronic means under s 447A(1) of the Corporations Act 2001

Ratio Decidendi

It is appropriate to permit notices to creditors (including meeting notices and reports) to be given by email where an address is held, or otherwise by post or fax, because this will most efficiently and economically give notice to the maximum number of creditors at the earliest possible time, in light of current commercial practice and the scale of the creditor base.

Court Disposition

Orders made permitting notice by electronic means and related modalities; costs reserved as application expenses in the administration.

Orders

  • Notice of the first meeting of creditors and accompanying declarations may be validly given by email for those with known addresses, otherwise by post or fax as per the Corporations Act or Regulations.
  • Notice to be published in The Australian newspaper.