Wallis Commercial Interiors Pty Limited (In Liquidation) v Truecash Pty Limited [2008] NSWDC 150

Reported Decision : 7 DCLR (NSW) 243

New South Wales District Court

CITATION: Wallis Commercial Interiors Pty Limited (In Liquidation) v Truecash Pty Limited [2008] NSWDC 150

HEARING DATE(S): 25 June 2008

JUDGMENT DATE: 23 July 2008

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

1. The Receiver is entitled to file a Notice of Change of Solicitor to take over the conduct of these proceedings in the name of the plaintiff company 2. As to costs: DECISION: A. The Liquidator is to pay the Receiver's costs of the application. B. The Commonwealth is to bear its own costs. C. The Liquidator is to pay the defendant's costs of the motion and of the adjournment

CATCHWORDS: CORPORATIONS - whether the Receiver or the Liquidator should have conduct of proceedings in the name of the plaintiff company in respect of a debt the subject of a charge arising under a debenture pursuant to which the Receiver was appointed - the rights of the Receiver in respect of the asset are superior

Atkins v Mercantile Credits Limited (1985) 10 ACLR 153 at 159 Bacel Contracting Limited v Modern Engineering (Bristol) Limited [1982] All ER 655 Deangrove Pty Limited (Receivers and Managers Appointed) v Commonwealth Bank of Australia [2001] FCA 173 at [40] Gough's Garage Limited v Pugsley [1931] KB 611 at 626 CASES CITED: Grassby v The Queen (1989) 168 CLR 1 Kolavo v Pitsikas [2003] NSWCA 59 Newhart Developments Limited v Co-operative Commercial Bank Limited [1978] 1 QB 814 at 821 Re Geneva Finance Limited; Quigley v Cook (1992) 7 WLR 492 Re Landmark Corporation (in liquidation) and the Companies Act (1968) 88 WN 195 at 196 Sowman v David Samuel Trust Limited (in liq) [1978] 1 WLR 22 at 30