In the matter of FW Projects Pty Ltd (in liquidation) (receivers appointed) [2024] NSWSC 850

Supreme Court New South Wales

Medium Neutral Citation: In the matter of FW Projects Pty Ltd (in liquidation) (receivers appointed) [2024] NSWSC 850 Hearing dates: 3 July 2024 Date of orders: 3 July 2024 Decision date: 03 July 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made approving remuneration of receivers and liquidators. Catchwords: CORPORATIONS – winding up – liquidators and receivers of trust assets – remuneration – application for approval of remuneration – whether remuneration claimed by provisional liquidators is proportionate to complexities of the matter. Legislation Cited: - Corporations Act 2001 (Cth), s 473(10) - Insolvency Practice Schedule (Corporations), r 60.10 Uniform Civil Procedure Rules 2005 (NSW), r 26.4 Cases Cited: - Re Idylic Solutions Pty Ltd as Trustee for Super Save Superannuation Fund [2016] 115 ACSR 581; [2016] NSWSC 1292 - Re M and J Super Fund Pty Ltd (in liq) [2021] NSWSC 279 - Re NR Wolli Creek Pty Ltd (recs and mgrs apptd) [2019] NSWSC 313 - Re Wine National Pty Ltd [2016] NSWSC 4 - Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 93 NSWLR 459; [2017] NSWCA 38 Category: Principal judgment Parties: Trent Andrew Devine and Bradd William Morelli in their capacity as joint and several liquidators of FW Projects Pty Ltd (in liquidation) (receivers appointed) and as joint and several receivers over the assets of the Freshwater Development Trust (Plaintiffs) FW Projects Pty Limited (in liquidation) (receivers appointed) (Defendant) Representation: Counsel: T Di Bello (Solicitor – Plaintiff)