In the matter of Fellmane Pty Ltd (in liq) [2022] NSWSC 1038

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fellmane Pty Ltd (in liq) [2022] NSWSC 1038 Hearing dates: 1 August 2022 Date of orders: 1 August 2022 Decision date: 03 August 2022 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See paragraph [49] Catchwords: LIQUIDATORS – remuneration of liquidator of company – where company's business undertaken as trustee of trust – remuneration sought for both past and future work – no question of principle – remuneration to be paid out of assets and undertakings of the trust – distribution of remaining funds to creditors of the company in its capacity as trustee RECEIVERS AND MANAGERS – remuneration of court-appointed receiver of trust of which company in liquidation was trustee – remuneration sought for both past and future work – no question of principle – remuneration to be paid out of assets and undertakings of the trust – distribution of remaining funds to creditors of the company in its capacity as trustee – discharge and release of court-appointed receiver Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 26.4, 36.7 Cases Cited: BBY Limited (receivers and managers appointed) (in liq) [2021] NSWSC 1299 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; [2019] HCA 20 In the matter of Hutchins, Ardenberg Pty Ltd (in liq) (administrators appointed) (No. 3) [2021] FCA 519 In the matter of Houben Marine Pty Ltd (in liq) [2018] NSWSC 745 In the matter of JSMOT Pty Ltd (No. 2) [2020] NSWSC 1755 Re ACN 092 745 330 Pty Ltd [2017] NSWSC 241 Hillig in his capacity as liquidator of ACN 092 745 330 Pty Ltd (In Liq) v Battaglia (2018) 125 ACSR 171; [2018] NSWCA 67 Re Fellmane Pty Ltd (in liq) [2021] NSWSC 1346 Re Say Enterprises Pty Ltd [2018] NSWSC 396 SX Projects Pty Ltd (in liq) v V Battaglia [2018] NSWSC 1830 Category: Procedural rulings Parties: Brendan James Copeland in his capacity as liquidator of Fellmane Pty Limited (in liq) ACN 074 162 815 (First Applicant) SX Projects Pty Ltd (in liq) (First Interested Party) Deputy Commissioner of Taxation (Second Interested Party) Representation: Counsel: D. Krochmalik (Applicants) D. Stack (First Interested Party) J. Craig (Solicitor) (Second Interested Party)