In the matter of Double Bay Property Management Pty Ltd (in liq) [2021] NSWSC 996

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Double Bay Property Management Pty Ltd (in liq) [2021] NSWSC 996 Hearing dates: 19 July 2021 Decision date: 19 July 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: See [42] of these reasons Catchwords: CORPORATIONS — Receivers and managers — Appointment by court — Application for approval of costs, disbursements and expenses and remuneration — Priority of debts— Application for termination of receivership or removal of receivers and managers Legislation Cited: Corporations Act 2001 (Cth), Sch 2, Div 6 Pt 5.6, ss 420, 555, 556, 560 Personal Property Securities Act 2009 (Cth) Insolvency Practice Rules (Corporations) 2016 (Cth), s 75-130 Supreme Court Act 1970 (NSW), s 67 Cases Cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 368 ALR 390; [2019] HCA 20 Harker-Mortlock v Commonwealth Bank of Australia [2019] NSWCA 56 Hosking (liquidator), in the matter of Business Aptitude Pty Ltd (in liq) [2017] FCA 1417 Hughes, in the matter of Substar Holdings Pty Ltd (in liq) (2020) 49 ACSR 185; [2020] FCA 1863 Hutchins, in the matter of Ardenberg Pty Ltd (in liq) (Admins Apptd) (No 3) [2021] FCA 519 Inland Revenue Commissioners v Hoogstraten [1985] 1 QB 1077 Mohen (liquidator), in the matter of Willco Breads Pty Ltd (in liq) [2019] FCA 1539 Official Assignee in Bankruptcy of the Property of James Adair Hanna v Hanna [2019] FCA 1934 Rathner (liquidator), in the matter of Garrows Close Pty Ltd (in liq) [2021] FCA 505 Re Double Bay Property Management Pty Ltd (in liq) [2020] NSW 203 Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 93 NSWLR 459; [2017] NSWCA 38 Sprowles, in the matter of Triumph N Triumph Pty Ltd (in liq) (No 2) [2021] FCA 405 Topp (liquidator), in the matter of Aidzan Pty Ltd (in liq) v Nazdia Pty Ltd [2020] FCA 1764 University of Western Australia v Gray (No 30) [2010] FCA 1063 Category: Principal judgment Parties: Jonathan Philip Henry and Katherine Sozou in their capacity as joint and several liquidators of Double Bay Property Management Pty Ltd (in liq) (First Applicants) Double Bay Property Management Pty Ltd (in liq) (Second Applicant) Representation: Counsel: D Krochmalik (Applicants)