NSW Caselaw
New South Wales Supreme Court
CITATION : Re TVSN Limited [2005] NSWSC 692
HEARING DATE(S) : 01/07/05
JUDGMENT DATE : 12 July 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Young CJ in Eq
DECISION : Directions sought by applicant given; costs to be an expense of receivership.
CATCHWORDS : CORPORATIONS [196]- Receivership- Group of 12 companies administered by two receiver/managers- Receivers in receipt of surplus- Court approached for directions as to how to deal with surplus- Companies operated on consolidated basis- Affairs intermingled- Difficulties arising in determining individual subsidiary's contribution to holding company's indebtedness when operated on consolidated basis.
LEGISLATION CITED : Corporations Act 2001 (Cth) s 424
A E Goodwin Ltd v AG Healing Ltd (1979) 7 ACLR 481 Albion Insurance Co Ltd v GIO (NSW) (1969) 121 CLR 342 Dean-Willcocks v Soluble Solution Hydroponics Pty Ltd (1997) 24 ACSR 79 Kassem v Sentinel Properties Ltd [2005] NSWSC 403 CASES CITED : Re Dean-Willcocks; Alpha Telecom (Aust) Pty Ltd (in liq) (2004) 208 ALR 414; 50 ACSR 15 Rogers v ANZ Banking Group Ltd [1985] WAR 304 Seabird Corporation Ltd v Sherlock (1990) 2 ACSR 111 Tayeh and de Vries v The Black Stump Enterprises Pty Ltd [2005] NSWSC 475
David John Winterbottom (Applicant) PARTIES :
FILE NUMBER(S) : SC 3172/05
COUNSEL : A G Bell SC and N J Owens (Applicant)
SOLICITORS : Henry Davis York (Applicant)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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