Gandangara Local Aboriginal Land Council & Anor v Gandangara Services Limited & Ors [2016] NSWSC 372

Supreme Court New South Wales

Medium Neutral Citation: Gandangara Local Aboriginal Land Council & Anor v Gandangara Services Limited & Ors [2016] NSWSC 372 Hearing dates: 16 March 2016 Decision date: 16 March 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that receiver and manager be discharged in respect of the companies. Order that requirement for preparing accounts for the companies be dispensed with. Approval of receiver and manager's remuneration in respect of the companies granted. Catchwords: CORPORATIONS — receivers, controllers and managers — termination of receivership – where receiver and manager of companies sought to be discharged – where receiver and manager of companies sought dispensation from requirement to file accounts – where receiver and manager of companies sought Court approval of remuneration. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 14 - Corporations Act 2001 (Cth), ss 425, 601AA - Uniform Civil Procedure Rules 2005 (NSW), rr 26.4, 26.5 Cases Cited: - Australian Securities and Investments Commission v Lawrenson Light Metal Die Casting Pty Ltd [1999] VSC 500; (1999) 33 ACSR 288 - Australian Securities and Investments Commission v Letten (No 23) [2014] FCA 985 - Gandangara Local Aboriginal Land Council v Gandangara Services Limited [2015] NSWSC 2011 - Ide v Ide [2004] NSWSC 751; (2004) 50 ACSR 324 - Kerr, Re Angel's Castle Pre-School Pty Ltd (in liq) (No 2) [2012] FCA 57 - Mohamed v Hurstville Tower Medical Clinic Pty Ltd (in liq) [2006] NSWSC 4 - Re Metal Storm Ltd [2015] NSWSC 1699 - Re Wine National Pty Ltd [2016] NSWSC 4 Category: Procedural and other rulings Parties: Gandangara Local Aboriginal Land Council (First Plaintiff) GLALC Development Services Limited (Second Plaintiff) Gandangara Management Services Limited (Nominal Third Plaintiff) Gandangara Services Limited (First Defendant) Gandangara Health Limited (Second Defendant) Cinderella Cronan (Third Defendant) George Bloomfield (Fourth Defendant) Carolyne Joy Brown (Fifth Defendant) John Thomas Dickson (Sixth Defendant) Mervyn Gregory Donovan (Seventh Defendant) Denis Thorne (Eighth Defendant) Rohan Tobler (Ninth Defendant) Mark (Jack) Johnson (Tenth Defendant) Gandangara 101 Limited (Eleventh Defendant) Gandangara Employment & Training Limited (Twelfth Defendant) Gandangara Future Fund Limited (Thirteenth Defendant) Gandangara Health Services Limited (Fourteenth Defendant) Gandangara Housing Services Limited (Fifteenth Defendant) Gandangara Transport Services Limited (Sixteenth Defendant) Lot 3 (South) Barden Ridge Limited (Seventeenth Defendant) Marumali Limited (Eighteenth Defendant) Sproule Road Limited (Nineteenth Defendant) Statewise Aboriginal Services Limited (Twentieth Defendant) Sydney Aboriginal Services Limited (Twenty-First Defendant) Representation: Counsel: J Baird (Receiver)