In the matter of Warwick Keneally as administrator of Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin apptd) [2015] NSWSC 2037

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Warwick Keneally as administrator of Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin apptd) [2015] NSWSC 2037 Hearing dates: 10 November 2015 Decision date: 10 November 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that judgment be entered against First Defendant in favour of Second Defendant in the amount of $108,374.15 in respect of the Second Defendant's quantum meruit claim for remuneration, costs and disbursements. Order that second day of hearing allocated to the question of costs be vacated by agreement of the Parties. Catchwords: CORPORATIONS – voluntary administration – administrator – where administrator was invalidly appointed – whether court is satisfied that amount claimed by administrator in respect of quantum meruit claim for remuneration is properly recoverable – agreement reached between plaintiff shareholder and defendant administrator. Cases Cited: - Coad v Wellness Pursuit Pty Ltd (in liq) [2009] WASCA 68; (2009) 71 ACSR 250 - Correa v Whittingham (No 3) [2012] NSWSC 526; (2012) 267 FLR 120 - Re Dominion Insurance Company of Australia Ltd (subject to Scheme of Arrangement) [2013] NSWSC 898; (2013) 276 FLR 338 - Re Lime Gourmet Pizza Bar (Charlestown) Pty Ltd (formerly under administration) [2015] NSWSC 244 - Sutherland v Take Seven Group Pty Ltd (1998) 29 ACSR 201 Category: Procedural and other rulings Parties: Cheng Lam (Plaintiff) Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin apptd) (First Defendant) Warwick Keneally as administrator of Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin apptd) (Second Defendant) Representation: Counsel: D Sulan (Plaintiff) D R Pritchard SC (Second Defendant)