Segal v Sharma; In the matter of South West Radiology Pty Ltd [2022] NSWSC 1196

Supreme Court New South Wales

Medium Neutral Citation: Segal v Sharma; In the matter of South West Radiology Pty Ltd [2022] NSWSC 1196 Hearing dates: 17 August 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Remuneration of former liquidator and receiver approved; order that amount to be paid out of monies held in Court. Catchwords: CORPORATIONS — Receivers and managers — Appointment by court — Application for approval of costs, disbursements and expenses and remuneration — Where a receiver of a trust and former liquidator of a company seeks approval for his remuneration — Where monies were previously paid into Court in the proceedings, a portion of which the trustee of the trust is entitled to — Whether the receiver and former liquidator's remuneration was properly incurred and payable out of Court Cases Cited: - Knox v Nile and Ors [2022] NSWSC 638 - Sanderson, as liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] 118 ACSR 333; [2017] NSWCA 38 Category: Procedural rulings Parties: Proceedings 2018/381397 Adam Preiner (Applicant – Interested Party) Praneal Sharma & Associates Pty Ltd (First Plaintiff) Praneal Dutt Sharma (Second Plaintiff) South West Radiology Pty Ltd (First Defendant) Phillip Segal (Second Defendant) Yanyi Pty Ltd (Third Defendant) Melita Segal as Trustee for Segal Family Trust (Fourth Defendant) Rosalina Chen as Trustee for Yanmin Trust (Fifth Defendant) Proceedings 2018/190679 Phillip Segal (Plaintiff) Praneal Dutt Sharma (First Defendant) Greg Chen (Second Defendant) Adam Preiner in his capacity as receiver and manager of the property, assets and undertaking of the SWR Holding Unit Trust (Third Defendant/Applicant) SWR Pty Ltd as trustee of the SWR Unit Trust (Fourth Defendant) Park Central Radiology Pty Ltd (Fifth Defendant) Representation: Counsel: Proceedings 2018/381397 E Finnane (Plaintiff) T Bagley (Applicant – Interested Party) Proceedings 2018/190679 Mr S. Keizer (Plaintiff) T Bagley (Third Defendant/Applicant) E Finnane (First Defendant)