Correa v Whittingham [2013] NSWCA 263

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Correa v Whittingham [2013] NSWCA 263 Hearing dates: 16 - 17 May 2013 Decision date: 15 August 2013 Before: Barrett JA at [1]; Gleeson JA at [9]; Tobias AJA at [304] Decision: 1. Grant leave to the respondent to file the notice of contention dated 17 May 2013. 2. Appeal allowed. 3. Set aside the orders and declaration of Black J made on 21 June 2012. 4. In lieu thereof, declare that the respondent was, by reason of contravention of s 41 of the Registered Clubs Act 1976, not capable of being appointed as voluntary administrator of The Spanish Club Limited (the Club), by instrument of appointment dated 17 November 2008, or of acting as such voluntary administrator. 5. Direct that the proceedings be remitted to the primary judge to determine the respondent's claim in paragraphs 4, 5 and 6 of the amended interlocutory process filed 20 February 2012, that the respondent is entitled to be paid out of the assets of the Club his reasonable remuneration, costs and expenses, including legal expenses for work performed pursuant to his purported appointment as voluntary administrator and as deed administrator of the Club, on a quantum meruit basis. 6. Reserve questions of costs. 7. Grant leave to the appellants to file and serve short written submissions in relation to the costs of the appeal and at first instance within 14 days of the date of delivery of judgment. Any such written submissions are to set out both the orders sought and the reasons why those orders are sought. 8. Grant leave to the respondent to file and serve short written submissions in reply within 14 days after service on him of the appellants' written submissions contemplated by the previous order, with the appellants to have a further seven days after receiving those submissions to reply. 9. Note that the Court will determine the issue of costs on the papers. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS - voluntary administration - administrator - s 41 Registered Clubs Act 1976 - whether administrator validly appointed