NSW Caselaw
Reported Decision: 79 ACSR 580
New South Wales Court of Appeal
CITATION: Paul's Retail Pty Ltd v Morgan [2010] NSWCA 217
HEARING DATE(S): 30 July 2010
JUDGMENT DATE: 1 September 2010
JUDGMENT OF: Campbell JA at 1; Macfarlan JA at 2; Sackville AJA at 3
1. Leave to appeal granted. DECISION: 2. Appeal dismissed. 3. Applicant to pay the respondent's costs of the application for leave to appeal and of the appeal.
CATCHWORDS: CORPORATIONS – deed of company arrangement – remuneration of administrator – whether administrator estopped from seeking a review of his remuneration under s 449E(2) of the Corporations Act 2001 (Cth) – effect of an agreement to "cap" administrator's fees – whether the administrator demonstrated a need to inquire into the originally determined quantum of remuneration.
Civil Procedure Act 2005, s 7 Supreme Court Act 1970, s 101 LEGISLATION CITED: Corporations Act 2001 (Cth), ss 435C, 436A, 436E, 439A, 443D, 444A, 449E Corporations Amendment (Insolvency) Act 2007 (Cth) Supreme Court (Corporations) Rules 1999, r 9.2A
CATEGORY: Principal judgment
Dwyer v Morgan [2009] NSWSC 1343 Foran v Wight [1989] HCA 51; 168 CLR 385 Green v AMP Life Ltd [2005] NSWCA 354 CASES CITED: Legione v Hateley [1983] HCA 11; 152 CLR 406 Re Gidley [2006] FCA 102; 150 FCR 345 Waltons Stores (Interstate) Pty Ltd v Maher [1988] HCA 7; 164 CLR 387 Wellnora Pty Ltd v Fiorentino [2008] NSWSC 483; 66 ACSR 229
TEXTS CITED: Meagher Gummow and Lehane's Equity Doctrines and Remedies (4th ed, 2002)
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