Beattie and Sutherland v Osman (No. 4) [2009] NSWSC 834

Reported Decision : 73 ACSR 220

New South Wales Supreme Court

CITATION : Beattie and Sutherland v Osman (No. 4) [2009] NSWSC 834

HEARING DATE(S) : 07/08/09 and 10/08/09

JUDGMENT DATE : 11 August 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 11 August 2009

DECISION : 1. Order that the originating process be dismissed; 2. order pursuant to s 447A that the administration of the third defendant end; 3. exhibits may be returned after 28 days; 4. stand the matter over to deal with the question of costs to Friday, 14 August 2009 at 9.30am.

CATCHWORDS : CORPORATIONS – administration – application by administrators for declaration that their appointment as administrators by secured creditor was valid – administrators have not discharged onus on them to prove that the company owed a debt to secured creditor – not established that 'Default Event' occurred entitling secured creditor to make the appointment – declaratory relief refused - administration brought to an end

LEGISLATION CITED : Corporations Act 2001 (Cth) Evidence Act 1995 (NSW)

Young v Queensland Trustees Ltd (1956) 99 CLR 560 J & B Records Ltd v Brashs Pty Ltd (1995) 36 NSWLR 172 Massoud v NRMA Insurance Ltd (1995) 62 NSWLR 657 CASES CITED : Blanch v British American Tobacco Australia Services Ltd [2005] NSWSC 241; (2005) 62 NSWLR 653 Jones v Sutherland Shire Council [1979] 2 NSWLR 206 Jackson v Irvin (1809) 2 Camp 48; 170 ER 1077 Bay Bon Investments Pty Ltd v Selvarajah [2008] NSWSC 1251

Graeme Robert Beattie and Roderick Mackay Sutherland in their capacity as joint and several administrators of PR Marketing & Media Group Pty Ltd (Administrators Appointed) ACN 101 259 910 PARTIES : v Rhonda Osman & 2 Ors (No. 4)