Promoseven Pty Ltd v Markey, in the matter of Bluechip Development Corporation (Cairns) Pty Ltd (in liquidation) (Receivers and Managers Appointed) [2013] FCA 1281

FEDERAL COURT OF AUSTRALIA

Promoseven Pty Ltd v Markey, in the matter of Bluechip Development Corporation (Cairns) Pty Ltd (in liquidation) (Receivers and Managers Appointed) [2013] FCA 1281 Citation: Promoseven Pty Ltd v Markey, in the matter of Bluechip Development Corporation (Cairns) Pty Ltd (in liquidation) (Receivers and Managers Appointed) [2013] FCA 1281

Parties: PROMOSEVEN PTY LTD ACN 102 606 324 v NIGEL ROBERT MARKEY AND BRADLEY VINCENT HELLEN IN THEIR CAPACITY AS RECEIVERS AND MANAGERS AND LIQUIDATORS OF BLUECHIP DEVELOPMENT CORPORATION (CAIRNS) PTY LTD ACN 117 021 566, REFUND PROPERTY FEES PTY LTD ACN 145 709 360 and PRIME PROJECT DEVELOPMENT (CAIRNS) PTY LTD ACN 109 685 332

File number: QUD 230 of 2013

Judge: LOGAN J

Date of judgment: 28 November 2013

Catchwords: CORPORATIONS LAW – court appointed receivers and managers – appeal against proof of debt – whether claims secured by a mortgage – construction of mortgage – question as to what that mortgage secured – consideration of principles of contractual construction

Legislation: Corporations Act 2001 (Cth) ss 553, 588D, 1321 Federal Court (Corporations) Rules 2000 (Cth) reg 14.4 Property Law Act 1974 (Qld) s 55

Cases cited: Australian Securities & Investments Commission v Forestview Nominees Pty Ltd (Receivers and Managers Appointed) [2006] FCA 1530 considered Australian Broadcasting Commission v Australasian Performing Right Association Limited (1973) 129 CLR 99 applied BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 16 ALR 363 applied Brodyn Pty Ltd v Dasein Constructions Pty Ltd [2004] NSWSC 1230 cited Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 applied In the matter of David Gregory Young in his capacity as liquidator of Great Wall Resources Pty Ltd (in liquidation) ACN 080 224 808 and the Corporations Act; Capocchiano v Young [2013] NSWSC 879 applied In the matter of Federation Health Limited (Administrator Appointed) (ACN 004 155 622) [2006] FCA 314 applied Raguz v Sullivan & Ors (2000) 50 NSWLR 236 applied Re Bluechip Development Corporation (Cairns) Pty Ltd [2011] QSC 368 cited Refund Property Fees Pty Ltd v Prime Project Development (Cairns) Pty Ltd [2011] FCA 851 related Refund Property Fees Pty Ltd v Prime Project Development (Cairns) Pty Ltd (No 2) [2011] FCA 1414 related Re North Sydney District Rugby League Football Club (admin apptd); Murray v Donnelly (2000) 34 ACSR 630 applied Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 applied Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 applied Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 considered Wentworth Metals Group Pty Ltd v Leigh (2013) 93 ACSR 626 applied Westpac Banking Corporation v Totterdell (1997) 25 ACSR 769 applied