West Asset Holdings Pty Limited & Anor v Sara Investments (NSW) Pty Ltd & Anor [2023] NSWSC 136

Supreme Court New South Wales

Medium Neutral Citation: West Asset Holdings Pty Limited & Anor v Sara Investments (NSW) Pty Ltd & Anor [2023] NSWSC 136 Hearing dates: 9, 10, 13, 16, 17, 20 & 22 February 2023 Date of orders: 24 February 2023 Decision date: 24 February 2023 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Court expert appointed under UCPR, r 31.46 to undertake a quick assessment of stock, plant and equipment at the Lidcombe premises before the Court expert's appointment as a receiver or alternative remedies are pursued. Catchwords: EQUITY – equitable remedies – receivers – appointment of a receiver –commercial landlord enters leased premises and seeks the appointment of a receiver over the former tenants perishable goods – tenant seeks removal of the goods to another location to continue its business – dispute about the value of the goods, the feasibility of removal and the appointment of a receiver – Court considers having preliminary appointment of the proposed receiver as a Court expert under UCPR, r 31.46 to ascertain the value of the goods so that the Court can consider whether the potential alternatives to a receivership are realistic. Legislation Cited: Supreme Court Act 1970, s 67 Uniform Civil Procedure Rules 2005, r 31.46 Cases Cited: Sara Investments (NSW) Pty Limited v West Asset Holdings Pty Ltd [2022] NSWCA 207 West Asset Holdings Pty Ltd v Sara Investments (NSW) Pty Ltd [2022] NSWSC 674 Category: Consequential orders Parties: First Plaintiff: West Asset Holdings Pty Ltd ACN 636 708 042 Second Plaintiff: Central Cleaning Supplies (Aust) Pty Ltd ACN 112 644 587 First Defendant: Sara Investments (NSW) Pty Limited ACN 099 530 275 Second Defendant: Bulolo Investments Pty Ltd ACN 624 228 164 Representation: Counsel: Plaintiffs: Mr J. Morris SC; Ms S. Woodland