Cases El-Saafin v Franek
[2020] FCA 1172
At a glance
Source factsCourt
Federal Court of Australia
Decision date
2020-08-11
Before
Middleton J
Source
Original judgment source is linked above.
Judgment (7 paragraphs)
- The Interlocutory Process filed on 29 July 2020 be made returnable at 10.15am on 30 July 2020.
- Pursuant to section 90-15 of the Insolvency Practice Schedule (Corporations) (IPSC), being Schedule 2 to the Corporations Act 2001 (Cth) (Corporations Act), subject to order 5, the First Plaintiffs (including in their capacity as proposed joint and several administrators of each of VAH Newco No 2 Pty Ltd (in liquidation) (VAH Newco 2) and VB Investco Pty Ltd (in liquidation) (VB Investco)) (the Administrators), are justified in requiring that any person who intends to vote at the second meetings of creditors of the Second to Fortieth Plaintiffs and, if applicable, VAH Newco 2 and VB Investco (together, the Virgin Companies) convened pursuant to section 439A of the Corporations Act (Second Meetings), must register with the Deloitte Halo platform described in the Orr Affidavit (Halo Platform).
- Pursuant to section 90-15 of the IPSC, other than in respect of the creditors referred to order 5, the Administrators are justified in: (a) ascertaining who is a creditor of any of the Virgin Companies for the purposes of section 75- 85(1) of the Insolvency Practice Rules (Corporations) 2016 (Cth) (IPR) (or who may otherwise be entitled to vote by reason of section 75-86 of the IPR); and (b) admitting in whole or in part a person's debt or claim for the purposes of section 75-85(3)(a) of the IPR, based only on the books and records of the Virgin Companies and information provided by any person on, or otherwise entered in, the Halo Platform (and are otherwise entitled to disregard any other debt or claim).
- Pursuant to section 90-15 of the IPSC, subject to order 5, the IPR operate in relation to the Virgin Companies such that the requirements of a person to: (a) lodge particulars of a debt or claim for the purposes of section 75-85(3)(b) of the IPR; (b) provide an instrument of appointment of proxy pursuant to section 75-150(3) of the IPR; and (c) provide an instrument evidencing the appointment of a power of attorney pursuant to section 75-155(2) of the IPR, in order to establish an entitlement to vote at the Second Meetings may only be satisfied by a person submitting relevant information electronically using the Halo Platform.