Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 4) [2013] FCA 398

FEDERAL COURT OF AUSTRALIA

Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 4) [2013] FCA 398 Citation: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 4) [2013] FCA 398

Parties: PANKAJ OSWAL v IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))

File number: WAD 370 of 2011

Judge: SIOPIS J

Date of judgment: 26 April 2013

Date of hearing: 26 April 2013

Place: Perth

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 6

Counsel for the Plaintiff: Mr M Goldblatt

Solicitor for the Plaintiff: Murcia Pestell Hillard

Counsel for the Defendants: Mr K De Kerloy

Solicitor for the Defendants: Herbert Smith Freehills

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 370 of 2011

IN THE MATTER OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151) PANKAJ OSWAL

Plaintiff

IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))

Defendants

JUDGE: SIOPIS J DATE OF ORDER: 26 APRIL 2013 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. There be an inquiry under s 423 of the Corporations Act 2001 (Cth) into the following matters: a. the level of the fees and expenses charged by the defendants during the last six weeks of the receivership of Burrup Fertilisers Pty Ltd between 17 December 2011 and 1 February 2012; b. the propriety of the defendants' conduct in accepting the appointment to act as the receivers and managers of Burrup Fertilisers Pty Ltd; c. the extent to which the defendants, in respect of the whole period of the receivership of Burrup Fertilisers Pty Ltd, charged: i. fees for the professional time that Melbourne based partners and staff spent in travelling; and ii. the expenses and disbursements incurred by Melbourne based partners and staff in respect of travel, accommodation and related activities; and d. the extent to which the fact that the persons who worked on the receivership of Burrup Fertilisers Pty Ltd were based in Melbourne, increased the fees, expenses and disbursements which were charged by the defendants in respect of the receivership. 2. The inquiry be conducted by Siopis J at a date to be fixed. 3. By 7 June 2013, each of the defendants give discovery in accordance with Form 38 of all documents relevant to the matters referred to in Order 1 of these orders. 4. By 14 June 2013, the plaintiff is to conclude inspection of the discovered documents. 5. The matter be adjourned to a directions hearing at 10.15 am on 18 June 2013. 6. The plaintiff is to pay 80% of the defendants' costs of the plaintiff's application for the holding of an inquiry under s 423 of the Corporations Act 2001 determined by the orders made today, including reserved costs, to be taxed if not agreed. 7. The payment by the plaintiff of the costs referred to in Order 6 is stayed until further order or until to the conclusion of the inquiry. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.