In the matter of Wine National Pty Limited, James Estate Wines Pty Limited and Liquor National Pty Limited [2016] NSWSC 4

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 [2016] NSWSC 4 Hearing dates: 17 December 2015 Decision date: 20 January 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Parties to bring in short minutes of order to give effect to this judgment within 14 days. Catchwords: CORPORATIONS – receivers, controllers and managers – application for approval of costs, disbursements and expenses and remuneration of Court-appointed receivers – where application relates to remuneration of multiple Court-appointed receivers – whether costs incurred by receivers were properly incurred. Legislation Cited: - Corporations Act 2001 (Cth) ss 420, 420(3), 425(8) - Corporations Amendment (Insolvency) Act 2007 (Cth) - Supreme Court Act 1970 (NSW) s 67 Cases Cited: - AAA Financial Intelligence Ltd (in liq) (No 2) [2014] NSWSC 1270 - Australian Securities and Investments Commission v Lawrenson Light Metal Die Casting Pty Ltd [1999] VSC 500; (1999) 33 ACSR 288 - Australian Securities & Investments Commission v Letten (No 23) [2014] FCA 985 - Ide v Ide [2004] NSWSC 751; (2004) 50 ACSR 324 - Mirror Group Newspapers Plc v Maxwell & Ors (No 2) [1998] 1 BCLC 638 - Mohamed v Hurstville Tower Medical Clinic Pty Ltd (in liq) [2006] NSWSC 4 - Re Metal Storm Ltd [2015] NSWSC 1699 - Re Stockford Ltd; Korda [2004] FCA 1682; (2004) 52 ACSR 279 - Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 - Templeton v Australian Securities and Investments Commission [2015] FCAFC 137 - Wenkart v Pantzer [2005] FCA 1572 - Venetian Nominees Pty Ltd v Conlan (1998) 20 WAR 96 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) P Kucharski (Solicitor) (Third and Fourth Respondents)