NSW Caselaw
New South Wales Supreme Court
CITATION : Marsden re Snowburn Pty Ltd [2009] NSWSC 710
HEARING DATE(S) : 23/07/09
JUDGMENT DATE : 23 July 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 23 July 2009
DECISION : Direction to be given to receivers.
CATCHWORDS : CORPORATIONS - receivers - directions - moneys received by company as agent for service providers - such moneys paid by customers into company bank account designated "trust account" - balance after commission paid out to services providers - whether trust moneys - whether direction should be given to receivers accordingly
Corporations Act 2001 (Cth), s 424 LEGISLATION CITED : Supreme Court (Corporations) Rules 1999, rule 2.13 Trustee Act 1925, s 63
CATEGORY : Principal judgment
CASES CITED : Sutherland re French Caledonia Travel Service Pty Ltd [2003] NSWSC 1008; (2003) 48 ACSR 97
Peter William Marsden and Andrew John Bowcher as receivers of Snowburn Pty Limited - First Plaintiffs PARTIES : Snowburn Pty Limited - Second Plaintiff Bidgee Finance Ltd - By Leave
FILE NUMBER(S) : SC 3695/09
COUNSEL : Ms N C Bearup - Plaintiffs Mr J A Arnott - Bidgee Finance Ltd
SOLICITORS : Henry Davis York - Plaintiffs Blake Dawson - Bidgee Finance Ltd
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
BARRETT J
THURSDAY 23 JULY 2009
3695/09 PETER WILLIAM MARSDEN & ANOR AS RECEIVERS AND MANAGERS OF SNOWBURN PTY LIMITED
JUDGMENT
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