Kennards Hire Pty Ltd v RMGA Pty Ltd [2010] NSWSC 1387

New South Wales Supreme Court

CITATION : Kennards Hire Pty Ltd v RMGA Pty Ltd [2010] NSWSC 1387

HEARING DATE(S) : 17/11/10

JUDGMENT DATE : 2 December 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

1. Order that the remuneration determined by the first resolution set out at paragraph [22] of reasons for judgment published in these proceedings on 2 December 2010 be reviewed pursuant to s 473(6) of the Corporations Act 2001 (Cth). 2. Order that the remuneration determined by the second resolution set out at paragraph [22] of reasons for judgment published in these proceedings on 2 December 2010 be reviewed pursuant to s 473(6) of the Corporations Act 2001 (Cth). 3.Pursuant to Item 7 of the delegation under s 13 of the Civil Procedure Act 2005 made on 9 April 2009, order that there be and is hereby referred to a registrar the matter of conducting and determining each of the reviews so ordered. DECISION : 4. Direct that the reviews be listed before the registrar on a day to be appointed by the registrar (on notice of at least 35 days to both Mignon Esther Gardener and David Lewis Clout) for the purpose of giving directions for the conduct of the reviews. 5. Direct that, at least 21 days before the day so appointed by the registrar, Mignon Esther Gardener serve a copy of her interlocutory process filed on 12 April 2010, a copy of each affidavit served in support of that application, a copy of the court's reasons for judgment of 2 December 2010 and written notice of the date so appointed by the registrar on each person on whom service ought to have been effected pursuant to rule 9.4A of the Supreme Court (Corporations) Rules 1999. 6. Direct that evidence admitted upon the hearing of these proceedings on 17 November 2010 be evidence upon the reviews to be conducted and determined by the registrar, subject to any determination as to relevance of any part of it to the review. 7. Order that the application of Mignon Esther Gardener for an inquiry by the court under s 536 of the Corporations Act 2001 (Cth) be dismissed.