NSW Caselaw
Reported Decision : 48 NSWLR 725
New South Wales Supreme Court
CITATION : Mariconte v Batiste [2000] NSWSC 288 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4582/99 HEARING DATE(S) : 14 & 24 March, 3 & 5 April 2000 JUDGMENT DATE : 10 April 2000
John Mariconte (P1) PARTIES : Jomar Investments Pty Ltd (P2) Donna Batiste (D1) Biscom Holdings Pty Ltd (D2) JUDGMENT OF : Austin J
J Ireland QC (P) (14 March 2000) COUNSEL : M J Lawler (P) (24 March, 3 & 5 April 2000) L J Aitken (D1) M R Aldridge SC (Receiver) McGirr James Hall & Associates (P) 14 March 2000 SOLICITORS : Selby(anderson) (P) (24 March, 3 & 5 April 2000) Horowitz & Bilinsky (D) Thomas Laycock (Receiver) CATCHWORDS : EQUITY - Court-appointed receiver - Court's power to give directions LEGISLATION CITED : Supreme Court Act 1970 (NSW) s 23 Davis v Gray (1872) 83 US 203 Glazier Holdings Pty Ltd v Australian Men's Health Pty Ltd (Supreme Court of New South Wales, 30 April 1998, unreported) CASES CITED : Law Society of New South Wales v Milios (1999) 33 ACSR 396 Re I00F Australian Trustees Limited [1999] SASC 461 Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115 DECISION : On Receiver's application, direction that he would be justified in selling the property to the first defendant on the terms and conditions submitted by her, and that he would not be justified in selling it to the first plaintiff on the terms and conditions submitted by him; plaintiff's application denied
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