Segal v Sharma; In the matter of South West Radiology Pty Ltd (No 2) [2024] NSWSC 1062

Supreme Court New South Wales

Medium Neutral Citation: Segal v Sharma; In the matter of South West Radiology Pty Ltd (No 2) [2024] NSWSC 1062 Hearing dates: 21 August 2024 Date of orders: 21 August 2024 Decision date: 21 August 2024 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: See [77] Catchwords: CORPORATIONS — Receivers and managers — Appointment by court as receiver of property, assets and undertaking of trust — Application for retirement and replacement – Application for approval of remuneration — Where monies were previously paid into Court and there were declarations that trustee of trust is entitled to portion of those funds — Where one party opposed application for payment of remuneration out of funds held in court on basis that trust did not exist – the opposing party was estopped from raising this issue – the receiver's remuneration was properly incurred and payable out of the funds held in Court Legislation Cited: Corporations Act 2001 (Cth), s 471B Insolvency Practice Schedule (Corporations), ss 60-5, 60-10, 6-12 Uniform Civil Procedure Rules 2005 (NSW), r 26.5 Cases Cited: Black Lab Design Pty Ltd (in liq) as trustee for the Black Lab Unit Trust [2023] NSWSC 661 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Re Sakr Nominees Pty Ltd [2017] NSWSC 668 Segal v Sharma & Anor [2022] NSWSC 496 Segal v Sharma; In the matter of South West Radiology Pty Ltd [2022] NSWSC 1196 Timbercorp Finance Pty Ltd (in liq) v Collins; Timbercorp Finance Pty Ltd (in liq) v Tomes (2016) 259 CLR 212; [2016] HCA 44 Category: Principal judgment Parties: Proceedings 2018/00190679