Sinclair v George & Carlos Accountants & Advisors [1999] FCA 734

FEDERAL COURT OF AUSTRALIA

Sinclair v George & Carlos Accountants & Advisers [1999] FCA 734

STEPHEN WAYNE SINCLAIR v GEORGE AND CARLOS ACCOUNTANTS AND ADVISERS & ORS QG 12 OF 1999 SPENDER, BURCHETT and HELY JJ 20 MAY 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLANDDISTRICT REGISTRY QG 12 OF 1999

On appeal from a single judge of the Federal Court of Australia

BETWEEN: STEPHEN WAYNE SINCLAIR

Appellant

AND: GEORGE AND CARLOS ACCOUNTANTS AND ADVISERS

First Respondent

JAYSHURST PROPRIETARY LIMITED AND CHELFIELD PROPRIETARY LIMITED

Second Respondent

JUDGES: Spender, Burchett and Hely JJ

DATE OF ORDER: 20 May 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: The appeal is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLANDDISTRICT REGISTRY QG 12 OF 1999

On appeal from a single judge of the Federal Court of Australia

BETWEEN: STEPHEN WAYNE SINCLAIR

Appellant

AND: GEORGE AND CARLOS ACCOUNTANTS AND ADVISERS

First Respondent

JAYSHURST PROPRIETARY LIMITED AND CHELFIELD PROPRIETARY LIMITED

Second Respondent

JUDGES: Spender, Burchett and Hely JJ

DATE: 20 May 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT SPENDER J:

1 This is an appeal from a decision of Drummond J on 18 December 1998, in which he ordered that the application in proceedings QG175 of 1998 be dismissed with costs.

2 In those proceedings Mr Stephen Wayne Sinclair was the applicant. The first respondent was described as "George and Carlos Accountants and Advisers", and the second respondent as "Jayshurst Pty Ltd & Chelfield Pty Ltd". It appears that the naming of those two corporations as the second respondent reflects the fact that they were the family companies of each of the principals in an accounting firm, and the partnership of the two family companies conducted service arrangements for the accounting practice. 3 Mr Sinclair in his application in proceedings QG 175 of 1998 sought two orders. First: "A court order appointing a receiver and manager with every power to operate the business 'GEORGE & CARLOS, ACCOUNTANTS AND ADVISERS'; " and secondly: "A court order appointing a receiver to 'JAYSHURST PTY LTD & CHELFIELD PTY LTD' under sections 486A, 461(e) and 461(f) of the Corporations Law." 4 Under the heading "Details Of Claim", Mr Sinclair said: "It is necessary to appoint a receiver and manager to regain the assets of Steve Carlos & Associates Pty Ltd from Steven Carlos and John George whom (sic) are presently operating the business of Steve Carlos and Associates Pty Ltd continually breaching Corporations Law trading as GEORGE AND CARLOS, ACCOUNTANTS AND ADVISERS." and further: