Macquarie Bank Ltd v The Two Eagles Pty Ltd [2014] NSWSC 367

Supreme Court New South Wales

Medium Neutral Citation: Macquarie Bank Ltd v The Two Eagles Pty Ltd [2014] NSWSC 367 Hearing dates: 27 March 2014 Decision date: 27 March 2014 Jurisdiction: Equity Division - Corporations List Before: Stevenson J Decision: Declarations and orders made as to Receiver's costs and Account Holders' entitlement to the Fund. Leave granted for release from implied undertaking in relation to subpoenaed documents. Catchwords: RECEIVERS - remuneration - court appointed receiver - approval of remuneration - whether remuneration to be paid out of fund paid into court - declaration as to account holders' entitlement to the fund; PRACTICE AND PROCEDURE - subpoena - use of subpoenaed documents - release from implied undertaking Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd (Subject to Deed of Company Arrangement) (Deed Administrators Appointed) [2012] NSWSC 170 Georges v Seaborn International Pty Limited [2012] FCAFC 140; 206 FCR 408 Re Global Finance Group Pty Limited (In liq) [2002] WASC 63; 26 WAR 385 Re Central Commodities Services Pty td [1984] 1 NSWLR 25 Re Lawrenson Light Metal Die Casting Pty Ltd [1999] VSC 500; 33 ACSR 288 Re Sutherland; French Caledonia Travel Service Pty Limited (in liq) [2003] NSWLR 1008; (2003) 59 NSWLR 61 Shawyer v Amberday Pty Ltd (in liq) [2001] NSWSC 399 Shirlaw v Taylor [1991] FCA 415; 31 FCR 222 Westpac Banking Corporation v ITS Taxation Services [2004] NSWSC 50 Weston v Carling Constructions Pty Ltd [2000] NSWSC 693 Category: Interlocutory applications Parties: John Raymond Gibbons (Receiver) Macquarie Bank Limited (Plaintiff) Joseph Mathew Super Pty Ltd as trustee for Joseph Mathew Superannuation Fund (Tenth Defendant) Kurisummoottil Pty Ltd as trustee for The Kurisummoottil Trust (Fourteenth Defendant) Joseph Mathew (Thirty First Defendant) Representation: Counsel: C D Wood with K J Young (Receiver) A S McGrath SC with T L Hollo (Plaintiff) B Le Plastrier (Tenth, Fourteenth and Thirty First Defendants) Solicitors: Hugh & Associates (Receiver) Henry Davis York (Plaintiff) Bennett & Philp Lawyers (Tenth, Fourteenth and Thirty First Defendants) File Number(s): SC 2012/373693 Publication restriction: Nil