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Affidavit of Justin Vaatstra

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Affidavit of Justin Vaatstra NOTICE OF FILING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 15/06/2016 2:53:42 PM AEST and has been accepted for filing under the Court’s Rules. Details of filing follow and important additional information about these are set out below. Details of Filing Document Lodged: Affidavit - Form 59 - Rule 29.02(1) File Number: VID527/2016 File Title: Mark Francis Xavier Mentha in his capacity as joint and several administrator of Arrium Limited (Administrators Appointed) & Ors v GSO Capital Partners LP & Ors Registry: VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA Dated: 15/06/2016 2:55:22 PM AEST Registrar Important Information As required by the Court’s Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court’s Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry. AFFIDAVIT No. VID 527 of 2016 Federal Court of Australia District Registry: Victoria Division: Corporations List rN THE MATTER OF ARRTUM L|MTTED (ADMTNTSTRATORS APPOTNTED) ACN 004 410 833 (AND EACH OF THE COMPANTES LISTED lN SCHEDULE 1) MARK FRANGIS XAVIER MENTHA, CASSANDRA ELYSIUM MATHEWS, MARTIN MADDEN AND BRYAN WEBSTER IN THEIR CAPACIT¡ES AS JOINT AND SEVERAL ADMINTSTRATORS OF ARRTUM L|M|TED (ADMTNTSTRATORS APPOINTED) ACN 004 410 833 (AND EACH OF THE COMPANTES LISTED lN SCHEDULE r) First Plaintiffs ARR|UM LTMTTED (ADMTNTSTRATORS APPOTNTED) ACN 004 410 833 (AND EACH OF THE COMpANtES LTSTED tN SCHEDULE l) Second Plaintiffs -and- GSO CAPITAL PARTNERS LP (AND OTHERS AS LISTED IN SCHEDULE 1) Defendants Affidavit of: Justin Taede Vaatstra Address: Level 21, 333 Collins Street, Melbourne, Victoria Occupation Solicitor Date: 15 June 2016 Exhibits No. Description 1 Service letters and emails (without attachments) dated 1 June 2016 2 Service letters and emails (without attachments) dated 3 June 2016 Filed on behalf of: the Plaintiffs Prepared by: Justin Vaatstra Ref: 0119OO772 Law fìrm: ARNOLD BLOCH LEIBLER Tel: 9229 9999 Fax: 9229 9900 DX 38455 Melbourne Email: [email protected] CIL Address for service: Level 21, 333 Collins Street, Melbourne, VIC 3000 þ ABL/5050920v1 3. Email from Sam Delaney of Corrs Chambers Westgarth to ABL dated 10 June 2016 4. Email from David Goldman of NRF to ABL dated 14 June 2016 5. Email from ABL to Sam Delaney of Corrs Chambers Westgarth dated 14 June 2016 b. Email from Sam Delaney of Corrs Chambers Westgarth to ABL dated 14 June 2Q16 7 Email chain between ABL, Sam Delaney of Corrs Chambers Westgarth and David Goldman of NRF dated 14 June 2016 I JUSTIN TAEDE VAATSTRA of Level 21, 333 Collins Street, Melbourne, Victoria 3000, Solicitor, SAY ON OATH: 1 I am a partner of Arnold Bloch Leibler (ABL), the solicitors for the Plaintiffs. I have the care and conduct of this proceeding on behalf of the Plaintiffs. 2 Except where I othen¡uise indicate, I make this affidavit from my own knowledge. Where I depose to matters from information and belief, I believe those matters to be true. Service of Court Documents 3 On 1 June 2016,1 caused the following documents, which were filed on 31 May 2016, to be served on the First Defendant (GSO) and the Second to Fourth Defendants (BNY Parties) pursuant to paragraph 2 of the service orders made by this Honourable Court on 31 May 2016 (Orders): (a) Originating Process filed on 26 May 2016; (b) Affidavit of Leon Zwier sworn 26 May 2016; (c) Affidavit of Leon Zwier sworn 31 May 2Q16; (d) Plaintiffs'Outline of Submissions dated 31 May 2016; and (e) the Orders, (the lnitiating Court Documents). 4 I am informed by Ahmed Terzic, a law graduate employed by ABL, that service of the lnitiating Court Documents in accordance with paragraph 2 of the Orders was effected on 1 June 2016 by the following means to the following addresses: 2 v w (a) by registered international post to the Proper Officer at GSO Capital Partners LP at. (i) 40 Berkeley Square, London, W1J5AL, United Kingdom; (ii) 280 Park Avenue, 11th Floor, New York, New York, 10017 United States of America; (iii) 345 Park Avenue, 31st Floor, New York, New York, 10154 United States of America; (iv) 200 Bellevue Parkway, Suite 210, Wilmington, Delaware 19809 United States of America; (b) by registered international post to the Proper Officer at BNY Trust Company of Canada at 320 Bay Street, 11th Floor, Toronto, Ontario M5H 446 Canada; (c) by registered post to GSO Capital Partners LP and BNY Trust Company of Canada: (i) c/- Jason Salman, Corrs Chambers Westgarth, Level 17, I Chifley, 8- 12 Chifley Square, Sydney NSW 2000; ( ii) c/- Sandy Mak, Corrs Chambers Westgarth, Level 17, 8 Chifley, S-12 Chifley Square, Sydney NSW 2000; (iii) c/- Jason Salman, Corrs Chambers Westgarth, Brookfield Place, 1231125 St Georges Terrace, Perth WA 6000; (d) by registered post to the Proper Officer at BTA lnstitutional Services Australia Ltd at Level 2, 1-7 Bligh Street, Sydney NSW 2000; (e) by registered post to the Proper Officer at BNY Trust Company of Australia Ltd at Level 2, 1-7 Bligh Street, Sydney NSW 2000; and (f) by emailto [email protected] and sandv.mak@ corrs.com.au 5 Now produced and shown to me and marked JTV-1 are true copies of the service letters and emails (without attachments) sent to the Defendants on 1 June 2016. 6 On 3 June 2016 I caused the following documents, which were filed on 3 June 2016, to be served on GSO and the BNY Parties pursuant to paragraph 3 of the Orders: AL 3 Vl (a) Plaintiffs' Statement of Claim; and (b) Plaintiffs' Genuine Steps Statement filed on 3 June 2016, (the Further Court Documents) 7 I am also informed by Mr Terzic that service of the Further Court Documents in accordance with the Orders was effected on 3 June 2016 by the following means to the following addresses: (a) by registered international post to the Proper Officer at GSO Capital Partners LP at: (i) 40 Berkeley Square, London, W1J5AL, United Kingdom; ( ii) 280 Park Avenue, 11th Floor, New York, New York, 10017 United States of America; ( iii) 345 Park Avenue, 31st Floor, New York, New York, 10154 United States of America; (iv) 200 Bellevue Parkway, Suite 210, Wilmington, Delaware 19809 United States of America; (b) by registered international post to the Proper Officer at BNY Trust Company of Canada at 320 Bay Street, 1 1th Floor, Toronto, Ontario MsH 446 Canada; (c) by registered post to GSO Capital Partners LP and BNY Trust Company of Canada: (i) c/- Jason Salman, Corrs Chambers Westgarth, Level 17, 8 Chifley, 8- 12 Chifley Square, Sydney NSW 2000; cÊ Sandy Mak, Corrs Chambers Westgarth, Level 17, I Chifley, S-12 Chifley Square, Sydney NSW 2000; (¡ii) c/- Jason Salman, Corrs Chambers Westgarth, Brookfield Place, 1231125 St Georges Terrace, Perth WA 6000; (d) by registered post to the Proper Officer at BTA lnstitutional Services Australia Ltd at Level 2, 1-7 Bligh Street, Sydney NSW 2000; (L 4 V (e) by registered post to the Proper Officer at BNY Trust Company of Australia Ltd at Level 2, 1-7 Bligh Street, Sydney NSW 2000, (f) by email to [email protected] and [email protected] on 3 June 8 Now produced and shown to me and marked JTV-2 are true copies of the service letters and emails (without attachments) sent to the Defendants on 3 June 2016. Correspondence with the Defenda nts' sol icitors I On 10 June 2016, Corrs Chambers Westgarth served a notice of appearance, which had been filed on 10 June 2016 on behalf of GSO, by an email from Sam Delaney of Corrs Chambers Westgarth. 10 Now produced and shown to me and marked JTV-3 is a true copy of the email from Sam Delaney of Corrs Chambers Westgarth to ABL dated 10 June 2016 attaching the notice of appearance. 11 On 14 June 2016, NoÉon Rose Fulbright (NRF) served a notice of appearance, which had been filed on 10 June 2016 on behalf of the BNY Parties, by an email from David Goldman of NRF. 12 Now produced and shown to me and marked JTV-4 is a true copy of the email from David Goldman of NRF to ABL dated 14 June 2016 attaching the notice of appearance. 13 On 14 June 2016, I sent an email to Corrs Chambers Westgarth and NRF enclosing proposed interlocutory timetabling orders which provided for the exchange of pleadings and any evidence before bringing the matter back for further directions. 14 Now produced and shown to me and marked JTV-S is a true copy of ABL's email to Sam Delaney of Corrs Chambers Westgarth attaching the proposed orders. 15 On 14 June 2016, I received an email from Corrs Chambers Westgarth attaching modified proposed interlocutory timetabling orders. The main difference sought by Corrs Chambers Westgarth was to extend the time for the Defendants to file and serve a defence and any cross-claim from 1 July 2016 (as proposed by the Plaintiffs) to 19 July 2016 (effectively giving the Defendants five weeks to file defences and any cross-claims).
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