In the matter of Wine National Pty Limited, James Estate Wines Pty Limited and Liquor National Pty Limited [2015] NSWSC 1988

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Wine National Pty Limited, James Estate Wines Pty Limited and Liquor National Pty Limited [2015] NSWSC 1988 Hearing dates: 14 September 2015 Decision date: 14 September 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders in accordance with the Short Minutes of Order. Catchwords: CORPORATIONS – application for approval of calculation of a recovery charge – where recovery charge was an amount referable to the costs incurred by receivers and liquidators holding wine stock – where Supreme Court of New South Wales previously determined that a recovery charge was consistent with receivers' and liquidators' equitable lien – whether liquidators are justified in calculating the recovery charge in a specified amount. Legislation Cited: - Corporations Act 2001 (Cth) ss 553E Cases Cited: - Re Universal Distributing Co Ltd (in Liq) (1933) 48 CLR 171 - Stewart v Atco Controls Pty Ltd (in Liq) [2014] HCA 15; (2014) 307 ALR 562 Category: Procedural and other rulings Parties: Shaun Fraser in his capacity as liquidator of Wine Investment Services Pty Ltd (in liquidation) (First Applicant) Christopher Honey in his capacity as Liquidator of Wine Investment Services Pty Ltd (in liquidation) (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/R J May (Applicants) B F Katekar (First and Second Respondents)