In the matter of Lorebray Pty Ltd (No 2) [2024] NSWSC 105

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Lorebray Pty Ltd (No 2) [2024] NSWSC 105 Hearing dates: 6 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Equity Before: Richmond J Decision: See [37] Catchwords: PARNTERSHIPS AND JOINT VENTURES — dissolution — winding up — appointment of receiver PARTNERSHIPS AND JOINT VENTURES — winding up — accounts LAND LAW — co-ownership — statutory trust for sale — appointment of trustees Legislation Cited: Conveyancing Act 1919 (NSW) Partnership Act 1892 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Booth v Cerreto [2017] NSWSC 468 Harb v Harb [2010] NSWSC 1251 HN QCV Bottletree Village Pty Ltd v QCV Bottletree Village Pty Ltd [2018] NSWSC 1807 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 737 Liquor National Wholesale Pty Ltd v The Red Rock Co Pty Ltd [2009] NSWSC 1418 Moloney v Piachniarski[2004] WASC 240 Prentice v Coshott [2017] FCA 1239 Re Bolous [1985] 2 QdR 165 Rowlands v MacDonald [2002] NSWSC 282 Stone v Stone [2014] NSWSC 1655 Vlatko v Short [2022] NSWSC 1542 Wimpole Properties Pty Ltd v Beloti Pty Ltd [2011] VSC 7 Category: Consequential orders Parties: David Henry Sampson in his capacity as receiver and manager of the assets of McNamee Property Trust (Plaintiff and First Cross-Defendant) Lorebray Pty Limited (First Defendant and Second Cross-Defendant) Red Hill MCN Pty Limited (Second Defendant) Peter McNamee (Third Defendant and Second Cross-Claimant) Brooklyn Road Pty Limited (Fourth Defendant and First Cross-Claimant) McMardi Pty Limited (Fifth Defendant) Helen Monica McNamee (Sixth Defendant and Third Cross-Claimant) Philippa Margaret Hardy (Seventh Defendant and Fourth Cross-Claimant) John Hardy (Eighth Defendant and Fifth Cross-Claimant) Representation: Counsel: Ms E Holmes (Plaintiff and First Cross-Defendant) Mr R Scruby SC (First Defendant and Second Cross-Defendant) Mr M Condon SC (Second, Third, Fourth, Sixth, Seventh and Eighth Defendants/Cross-Claimants)