In the matter of Wine National Pty Ltd, James Estate Wines Pty Ltd and Liquor National Pty Ltd [2014] NSWSC 1516

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Wine National Pty Ltd, James Estate Wines Pty Ltd and Liquor National Pty Ltd [2014] NSWSC 1516 Hearing dates: 20 October 2014 Decision date: 24 October 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made substantially in accordance with the form sought by the applicants. Liberty granted to first respondents to apply, by interlocutory process, in respect of matters arising from cessation of ongoing obligations from delivery date. Further order made for first respondents' proper and reasonable costs and remuneration in defending previous application to be costs of the receivership arising from previous orders. Further order made for first respondents to give notice of orders to fifth respondent, reserving liberty to fifth respondent to apply in respect of preceding order within fourteen days. Catchwords: CORPORATIONS - receivers, controllers and managers - where applicants seeks orders and directions in respect of delivery up and adjudication of claims of relevant stock held by first and second respondents as receivers and managers - whether first and second respondents should be ordered to deliver up stock - whether applicants should be appointed as receivers and managers of relevant stock - whether applicants are justified in dealing with and adjudicating claims in respect of stock - whether applicants are justified in imposing a recovery charge in respect of adjudication of claims to stock - whether first respondents entitled to indemnity in respect of costs incurred in previous application. Legislation Cited: - Corporations Act 2001 (Cth) ss 420, 420(2), 420(3), 479(3), 511, 1321 - Personal Property Securities Act 2009 (Cth) ss 12,13 - Uniform Civil Procedure Rules 2005 (NSW) r 26.4 - Supreme Court Act 1970 (NSW) s 67 Cases Cited: - Ide v Ide [2004] NSWSC 751; (2004) 50 ACSR 324 - Re Application of Crouch [2005] NSWSC 1308 - Re Arcabi Pty Ltd (recs & mgrs apptd) (in liq) [2014] WASC 310 - Re Central Commodities Services Pty Ltd [1984] 1 NSWLR 25 - Re MF Global Australia Ltd (in liq) [2012] NSWSC 994; (2012) 267 FLR 27 - Re Renovation Boys Pty Ltd (admin apptd) [2014] NSWSC 340 - Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 - Shirlaw v Taylor (1991) 31 FCR 222; 5 ACSR 767 - Stewart v Atco Controls Pty Ltd (in liq) [2014] HCA 15; (2014) 307 ALR 562 - Thackray v Gunns Plantations Ltd [2011] VSC 380; (2011) 85 ACSR 144 Category: Interlocutory applications Parties: Shaun Fraser in his capacity as Liquidator of Wine Investment Services Pty Ltd (in liq) (First Applicant) Christopher Honey in his capacity as Liquidator of Wine Investment Services Pty Ltd (in liq) (Second Applicant) Neil Robert Cussen in his capacity as Receiver appointed pursuant to orders made on 21 October 2013 (First Respondent) Vaughan Neil Strawbridge in his capacity as Receiver appointed pursuant to orders made on 21 October 2013 (Second Respondent) David Paul Merryweather in his capacity as joint and several receiver and manager of all of the assets of TLT Nominees Pty Ltd, Newcastle Liquor Wholesalers Pty Ltd, Print National Nominees Pty Ltd, James Australia Group Pty Ltd and Rugama Trading Pty Ltd (Third Respondent) Gregory Winfield Hall in his capacity as joint and several receiver and manager of all of the assets of TLT Nominees Pty Ltd, Newcastle Liquor Wholesalers Pty Ltd, Print National Nominees Pty Ltd, James Australia Group Pty Ltd and Rugama Trading Pty Ltd (Fourth Respondent) Tragopans Investments Pty Ltd (Fifth Respondent) Representation: Counsel: D Sulan (Applicants) B Katekar (First to Fourth Respondents) E Schick (in person for Fifth Respondent) Solicitors: Johnson Winter & Slattery (Applicants) Kemp Strang (First to Fourth Respondents) E Schick (in person for Fifth Respondent) File Number(s): 2013/313137