NR Addlestone Pty Ltd v Henry and Kogan [2021] NSWSC 1410

Supreme Court New South Wales

Medium Neutral Citation: NR Addlestone Pty Ltd v Henry and Kogan [2021] NSWSC 1410 Hearing dates: 29 October 2021 Decision date: 02 November 2021 Jurisdiction: Equity Before: Kunc J Decision: Proceedings against receivers summarily dismissed Catchwords: MORTGAGES AND SECURITIES — Mortgages — Duties, rights and remedies of mortgagees — Mortgagors complain about difference between market price and price achieved by receivers but make no criticism of sale process — Receivers file evidence about sale process as on a final hearing — Whether mortgagors' claim of breach of duty by receivers should be summarily dismissed or struck out Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Re Australasian Barrister Chambers Pty Ltd (In liq) [2017] NSWSC 597 Boz One Pty Ltd v McLellan [2015] VSCA 68 Dey v Victorian Railway Commissioners (1949) 78 CLR 62; [1949] HCA 1 Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241; [1997] HCA 8 Expo International Pty Ltd v Chant [1979] 2 NSWLR 820 Fancourt v Mercantile Credits Limited (1983) 154 CLR 87; [1983] HCA 25 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 Pendleberry v Colonial Mutual Life Assurance Society Limited (1912) 13 CLR 676 Preston v Star City Pty Ltd [1999] NSWSC 1273 Stone v Farrow Mortgage Service Pty Ltd (In liq) (1999) 12 BPR 22 175; [1999] NSWCA 435 Webster v Lampard (1993) 177 CLR 598; [1993] HCA 57 Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Procedural rulings Parties: NR Addlestone Pty Ltd (Receivers and managers appointed) (First Plaintiff) Lebron Holdings Pty Ltd (Receivers and managers appointed) (Second Plaintiff) NR Complex Pty Ltd (Receivers and managers appointed) (Third Plaintiff) CND 88 Pty Ltd (In external administration) (Fourth Plaintiff) Tallahon Pty Ltd (In external administration) (Fifth Plaintiff) Sam Fayad (Sixth Plaintiff)