PCL Holdings Pty Limited v Kassem [2015] NSWSC 1823

Supreme Court New South Wales

Medium Neutral Citation: PCL Holdings Pty Limited v Kassem [2015] NSWSC 1823 Hearing dates: 7 September 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Equity Before: Young AJA Decision: Plaintiff succeeds. Receiver's fees capped. Short Minutes of Order to be brought in. Catchwords: Liability of appointor of receivers and managers for their fees – Whether effectively capped by Deed of Appointment - Receivers' lien - Only extends to a fund over which the receivers have contributed in the care, preservation and realisation of assets Cases Cited: Coad v Wellness Pursuit Pty Ltd (in liq) (2009) 40 WAR 53 Commonwealth Bank of Australia v Butterell (1994) 35 NSWLR 64 Dean-Willcocks v Nothintoohard Pty Limited (In Liquidation) [2006] NSWCA 311; (2007) 25 ACLC 109 Re Universal Distributing Company Limited (In Liquidation) [1933] HCA 2; 48 CLR 171 Category: Principal judgment Parties: PCL Holdings Pty Limited ACN 101 975 633 (Plaintiff/first Cross-Defendant) Ozem Azzam Kassem (first Defendant/first Cross-Claimant) Jason Bing-Fai Tang (second Defendant/second Cross-Claimant) Medical and Legal Assessments (NSW) Pty Ltd (Receivers and Managers Appointed) (second Cross-Defendant) Medical and Legal Imaging (NSW) Pty Ltd (Receivers and Managers Appointed) (third Cross-Defendant) Representation: Counsel: Mr P Cutler (Plaintiff/Cross-Defendants) Mr R Notley (Defendants/Cross-Claimants)