Pattison, Paul A (in his Capacity as Receiver & Manager of Quicknit Pty Ltd (Receiver & Manager Appointed)) v Lockwood, David N (in his Capacity as Receiver & Manager Manager of Quicknit Pty Ltd ( Receiver & Manager Appointed)) & Ors [1998] FCA 472

FEDERAL COURT OF AUSTRALIA

COMPANY - Insolvency - Remuneration of receiver - Where receiver appointed by second charge holder and first charge holder does not appoint a receiver - Whether a receiver and manager entitled to a lien or charge over assets of a company for his remuneration, costs and expenses in priority to the charge of the first charge holder - Whether with regard to the surrounding circumstances and communications a contract existed between the receiver and first charge holder which gave the receiver priority - Whether receiver entitled to priority and on the basis of quantum meruit - Whether the respondents are estopped from denying the Receiver's priority. In re Universal Distributing Co Ltd (In Liquidation) (1933) 48 CLR (Applied) Australian Broadcasting Corporation v XIVTH Commonwealth Games Ltd (1988) 18 NSWLR 540 (Referred to) Pavey & Matthews Pty Ltd v Paul (1986) 162 CLR 221 (Referred to) Sabemo Pty Ltd v North Sydney Municipal Council [1977] 2 NSWLR 880 (Referred to) Thompson v Palmer (1933) 49 CLR 507 (Applied)

PAUL A PATTISON (in his capacity as Receiver and Manager of Quicknit Pty Ltd (Receiver and Manager Appointed) (ACN 006 607 290))(Applicant) vDAVID N LOCKWOOD (in his capacity as Receiver and Manager of Quicknit Pty Ltd (Receiver and Manager Appointed) (ACN 006 607 290)) (First Respondent) STANDBY FORCE PTY LTD (ACN 074 933 029) (Second Respondent) QUICKNIT PTY LTD (Receiver and Manager Appointed) (ACN 006 607 290)(Third Respondent)

VG 3246 of 1997

FINN J MELBOURNE 30 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 3246 of 1997

BETWEEN: PAUL A PATTISON (in his capacity as Receiver and Manager of Quicknit Pty Ltd (Receiver and Manager Appointed) (ACN 006 607 290))

Applicant

AND: DAVID N LOCKWOOD (in his capacity as Receiver and Manager of Quicknit Pty Ltd (Receiver and Manager Appointed) (ACN 006 607 290))