Sims v SPM Business Consultants Pty Ltd [2002] FCA 1350

FEDERAL COURT OF AUSTRALIA

Sims v SPM Business Consultants Pty Ltd [2002] FCA 1350 CORPORATIONS – receivership – deeds of fixed and floating charge as security for monies owed – default under deed – receiver seeking delivery up of property – power of Court to order delivery – utility of Corporations Act 2001 (Cth) ss 420(1), 420(2)(a) to a receiver as against third party Corporations Act 2001 (Cth) ss 420(1), 420(2)(a). King v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 at 154, followed. Acton Engineering Proprietary Limited v Campbell (1991) 31 FCR 1 to 13, followed. ANTHONY MILTON SIMS & ORS v SPM BUSINESS CONSULTANTS PTY LTD & ORS N3061 OF 2002 EMMETT J 25 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N3061 OF 2002

BETWEEN: ANTHONY MILTON SIMS

FIRST APPLICANT

SHARPE PARTNERS (SOUTH EAST MELBOURNE) PTY LIMITED (RECEIVER & MANAGER APPOINTED)

(ACN 094 744 555)

SECOND APPLICANT

SHARPE PARTNERS NATIONAL PTY LIMITED (RECEIVER & MANAGER APPOINTED) (ACN 089 056 824)

THIRD APPLICANT

SHARPE PARTNERS (MELBOURNE) PTY LIMITED (RECEIVER & MANAGER APPOINTED) (ACN 090 853 044)

FOURTH APPLICANT

AND: SPM BUSINESS CONSULTANTS PTY LIMITED

(ACN 006 805 803)

FIRST RESPONDENT

IAN HARRIS

SECOND RESPONDENT

PAUL DIGGERSON

THIRD RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 25 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. leave is granted to the applicants to file a notice of motion seeking interlocutory relief in support of the claims set out in the application filed in this proceeding, such motion to be returnable before Emmett J on 31 October 2002 at 9.30 am; 2. time for service of such motion to be abridged to 28 October 2002 at 5 pm. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.