In the matter of BBY Limited (Receivers and Managers Appointed) (in liq) [2021] NSWSC 1299

Supreme Court New South Wales

Medium Neutral Citation: In the matter of BBY Limited (Receivers and Managers Appointed) (in liq) [2021] NSWSC 1299 Hearing dates: 5 October 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: Liquidators' remuneration, costs and expenses, including legal fees and disbursements, approved: see [101] below. Catchwords: CORPORATIONS — external administration — liquidation — administration of trust assets — liquidators' remuneration, costs and expenses — where previous orders that liquidators entitled to reasonable remuneration, costs and expenses, subject to approval by Registrar — where liquidators also claim estimated future remuneration, costs and expenses — where application referred to the Court — whether remuneration claimed reasonable and proportionate Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 446A, Pt 7.8, Sch 2 (Insolvency Practice Schedule) s 60-12 Cases Cited: Application of Sutherland [2004] NSWSC 798; (2004) 50 ACSR 297 Bastion v Gideon Investments Pty Ltd (in liq) [2000] NSWSC 959; (2000) 35 ACSR 466 Conlan (as liquidator of Rowena Nominees Pty Ltd) (rec and mngr appt) (in liq) v Adams [2008] WASCA 61; (2008) 65 ACSR 521 In re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426 In the matter of Houben Marine Pty Ltd (in liq) [2018] NSWSC 745 In the matter of Idylic Solutions Pty Ltd as trustee for Super Save Superannuation Fund and others [2016] NSWSC 1292 In the matter of MINMXT Holdings Pty Ltd (in liquidation) [2017] NSWSC 156 In the matter of North Food Catering Pty Ltd [2014] NSWSC 77 Re Anderson Group Pty Ltd [2002] NSWSC 764; (2002) 20 ACLC 1607 Re BBY Limited (Receivers and Managers Appointed) (in liquidation) [2016] NSWSC 1366; (2016) 116 ACSR 154 BBY Limited (Receivers and Managers Appointed) (in liquidation) (No 2) [2018] NSWSC 346; (2018) 363 ALR 492 Re BBY Limited (Receivers and Managers Appointed) (in liquidation) (No 3) [2018] NSWSC 1718 BBY Limited (Receivers and Managers Appointed) (in liquidation) [2019] NSWSC 998 Re French Caledonia Travel Service Pty Ltd (in liq) (2003) 59 NSWLR 361; [2003] NSWSC 1008 Re G B Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674 Re Independent Contractor Services (Aust) Pty Ltd (in liq) (No 2) [2016] NSWSC 106; (2016) 305 FLR 222 Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 93 NSWLR 459; [2017] NSWCA 38 Templeton v Australian Securities and Investments Commission [2015] FCAFC 137; (2015) 108 ACSR 545 Category: Principal judgment Parties: Ian Richard Hall and Stephen Ernest Vaughan (First plaintiff) BBY Limited (Receivers and Managers Appointed) (in liq) (Second plaintiff) J Mazzetti Pty Ltd ACN 006 705 602 as trustee for J Mazzetti Pty Ltd Staff Superannuation Fund (and Others) (First defendant) Peter Brian Haywood and Bronwen Menai Haywood as trustee for the Haywood Superannuation Fund (Second defendant) Clive Riseam (Third defendant) Securities Exchanges Guarantee Corporation Limited (Fourth defendant) David Nadin (Fifth defendant) File Number(s): 2015/237028