Hebbel Constructions Pty Ltd v Bitar Pty Ltd [2021] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: Hebbel Constructions Pty Ltd v Bitar Pty Ltd [2021] NSWSC 810 Hearing dates: 4 and 5 May and 25 June 2021 Date of orders: 25 June 2021 Decision date: 04 July 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: i. Court passes receiver's accounts and approves receiver's remuneration. ii. Receiver entitled to indemnity as to disbursements, subject to assessment process as to the Disputed Costs and Disbursements as defined. iii. Receiver's remuneration to be paid from monies still held by Partnership and those previously paid into Court. iv. First Respondent to pay costs of Applicant and Second Respondent of this application up to and including 26 April. v. Order for release and discharge of receiver made, where proceedings not commenced against receiver within specified time. Catchwords: CORPORATIONS — Receivers and managers — Passing of accounts. CORPORATIONS — Receivers and managers — Appointment by Court — Application for approval of remuneration — Whether remuneration "fair and reasonable" — Indemnity in respect of partnership assets — Question of proportionality — Where claimed remuneration increased by multiple challenges to receiver's conduct. CORPORATIONS — Receivers and managers — Appointment by Court — Claim for indemnity out of partnership assets in respect of disbursements — Question of costs of this application. CORPORATIONS — Receivers and managers — Appointment by Court — Application for release and discharge as receiver. Cases Cited: - Adsett v Berlouis (1992) 37 FCR 201; (1992) 109 ALR 100 - Australian Securities and Investments Commission v Lawrenson Light Metal Die Casting Pty Ltd (1999) 33 ACSR 288; [1999] VSC 500 - Gandangara Local Aboriginal Land Council v Gandangara Services Ltd [2015] NSWSC 2011 - Ide v Ide (2004) 184 FLR 44; (2004) 50 ACSR 324; [2004] NSWSC 751 - Kardos v Sarbutt (No 2) [2006] NSWCA 206 Lunn v Savage [2006] NSWSC 240 - Mead v Watson (2005) 23 ACLC 718; [2005] NSWCA 133 - Re Angel's Castle Pre-School Pty Ltd (in liq) (No 2) [2012] FCA 57 - Re Banksia Securities Limited (in liq) (recs and mgrs apptd) [2017] NSWSC 540 - Re Banksia Securities Limited (in liq) (recs and mgrs apptd) [2018] NSWSC 229 - Re Beddoe; Downes v Cottam [1893] 1 Ch 547 - Re Idylic Solutions Pty Ltd as trustee for Super Save Superannuation Fund (2016) 115 ACSR 581; [2016] NSWSC 1292 - Re Independent Contractor Services (Aust) Pty Ltd (in liq) (No 2) [2016] NSWSC 106 - Re Metal Storm Ltd [2015] NSWSC 1699 - Re Primespace Property Investment Ltd (in liq) [2016] NSWSC 1821 - Re Say Enterprises Pty Ltd [2018] NSWSC 396 - Re Wine National Pty Ltd [2016] NSWSC 4 - Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 93 NSWLR 459; (2017) 118 ACSR 333; [2017] NSWCA 38 - Sprowles, Re Triumph N Triumph Pty Ltd (in liq) (No 2) [2021] FCA 405 - Templeton v Australian Securities and Investments Commission (2015) 108 ACSR 545; [2015] FCAFC 137 Texts Cited: - O'Donovan's Company Receivers and Administrators, [25.510] (Online Version)] Category: Procedural rulings Parties: Hebbel Constructions Pty Ltd (Plaintiff/Second Respondent) Bitar Pty Limited (First Defendant/First Respondent) Hebbel Constructions Pty Ltd & Bitar Pty Ltd (Second Defendant) Daniel Frisken – Court-Appointed Receiver (Applicant) Representation: Counsel: Mr S Golledge SC/Mr F Tao (Applicant) Mr M W Sneddon (First Defendant/First Respondent) Mr D Klineberg (Plaintiff/Second Respondent)