Citadel Financial Corporation Pty Ltd v Elite Highrise Services Pty Ltd (No 2) [2014] NSWSC 1769

Supreme Court New South Wales

Medium Neutral Citation: Citadel Financial Corporation Pty Ltd v Elite Highrise Services Pty Ltd (No 2) [2014] NSWSC 1769 Hearing dates: 8 December 2014 Date of orders: 08 December 2014 Decision date: 08 December 2014 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Order of 3 December 2014, as varied on 4 December 2013, be varied further. Catchwords: PROCEDURE – application to vary order – where variation of order required to prevent sale of property the subject of security interests prior to the hearing of an interlocutory application – consideration of interests of and potential prejudice to third parties and the receiver – held, order varied. Category: Procedural and other rulings Parties: Citadel Financial Corporation Pty Limited ACN 106 654 844 (plaintiff/applicant) Elite Highrise Services Pty Limited (Receivers and managers appointed) ACN 155 992 573 (first defendant/first respondent) Murray Roderick Godfrey and David Nicholas Iannuzzi in their capacity as receivers and managers of Elite Highrise Services Pty Limited (receivers and managers appointed) ACN 155 992 573 (second defendant/second respondent) CML Payroll Pty Limited ACN 150 688 476 (third respondent) Skyline Apartments Pty Limited ACN 001 451 332 and Pacific Hoardings Pty Limited ACN 134 060 950 (fourth respondent) Representation: Counsel: H Somerville (plaintiff/applicant) B Sewell (solicitor) (second defendant/second respondent) R McGrath (solicitor) (fourth defendant/fourth respondent)