Hall v Sherman [2001] NSWSC 810

(2001) 40 ACSR 40 Reported Decision : [2001] NSWSC 810 [2001] ACL Rep 120 NSW 149 (2002) 20 ACLC 339

New South Wales Supreme Court

CITATION : Hall v Sherman [2001] NSWSC 810 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4169/01 HEARING DATE(S) : 11 September 2001 JUDGMENT DATE : 14 September 2001

PARTIES : Gregory Winfield Hall as Receiver and Manager of One.Tel Networks Holdings Pty Limited & 4 other companies (P) Steven John Sherman and Peter Murray Walker as Liquidators of One.Tel Limited, One.Tel Networks Holdings Pty Limited and 4 other companies (D) JUDGMENT OF : Austin J

COUNSEL : M R Ellicott (P) P M Wood (D) SOLICITORS : Dibbs Barker Gosling (P) Freehills (D) CATCHWORDS : COMPANY LAW - receiver appointed under Deed of Charge to some but not all companies in Group - companies in Group in voluntary administration, and subsequently liquidation - difficulty in classifying masses of documents as documents belonging to companies in receivership or to other group companies - receiver's claim to possession or inspection of all documents in possession of companies subject to charge - whether declaratory and other relief should be made reflecting receiver's claim LEGISLATION CITED : Corporations Act 2001 (Cth) ss 9, 420, 424, 431, 530B, 1321, 1324 Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334 Expo International Pty Ltd v Chant [1979] 2 NSWLR 820 Graeme Webb Investments Pty Ltd v St George Partnership Banking Ltd (2001) 38 ACSR 282 CASES CITED : Re Jet Corporation of Australia Pty Ltd [1985] VR 719 Re Landmark Corporation Ltd (in liq) (1968) 88 WN (Pt 1) (NSW) 195 Re Magadi Soda Co Ltd (1925) 41 TLR 297 Re Simersall (1992) 108 ALR 375 DECISION : Originating process dismissed