Hugh Charles Thomas as liquidator of Anne Lewis Pty Ltd (in liq) v Arthur Hughes Pty Ltd [2016] NSWSC 1861

Supreme Court New South Wales

Medium Neutral Citation: Hugh Charles Thomas as liquidator of Anne Lewis Pty Ltd (in liq) v Arthur Hughes Pty Ltd [2016] NSWSC 1861 Hearing dates: 8 November 2016 Decision date: 09 November 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the parties submit agreed short minutes to give effect to this judgment within seven days or, if there is no agreement, their respective draft orders and short submissions as to the differences between them, indicating whether an oral hearing is requested. Catchwords: EQUITY – equitable remedies – equitable compensation – where Court orders previously made as to interest to be paid by the defendants to company – where previous judgment of the Court held certain defendant to be in breach of fiduciary duty and equitable compensation was ordered – where plaintiffs sought equitable compensation for the liquidator's remuneration incurred in bringing proceedings for breach of fiduciary duty – whether interest should be payable at the rate specified in s 100 of the Civil Procedure Act 2005 (NSW) or at the rate of interest received by the company on money held by it during liquidation – whether equitable compensation for the liquidator's remuneration incurred in bringing proceedings should be ordered. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 100 - Corporations Act 2001 (Cth), s 473, 556 Cases Cited: - Berry v British Transport Commission [1962] 1 QB 306 Blue Circle Industries Plc v Ministry of Defence [1999] Ch 289 Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403 Grey v Sirtex Medical Ltd [2011] FCAFC 40; (2011) 193 FCR 1 Landoro (Qld) Pty Ltd (admin apptd) v Jensen International Pty Ltd [1999] QCA 318 Re Crusts N Crumb Bakers (Wholesale) Pty Ltd [1992] 2 Qd R 76; (1991) 5 ACSR 70 Resources Equities Ltd (subject to Deed of Company Arrangement) v Garrett [2009] NSWSC 1385 Thomas v Arthur Hughes Pty Limited [2015] NSWSC 1027; (2015) 107 ACSR 443 Category: Procedural and other rulings Parties: Hugh Charles Thomas as liquidator of Anne Lewis Pty Ltd (in liq) (Plaintiff) Arthur Hughes Pty Limited (First Defendant) Speakman Hughes Pty Limited (Second Defendant) Telfer Hughes Pty Limited (Third Defendant) Melvie Hughes Pty Limited (Fourth Defendant) Gypson Hughes Pty Limited (Fifth Defendant) Bathurst Hughes Pty Limited (Sixth Defendant) Pamela Lewis (Seventh Defendant) David Lewis (Eighth Defendant) Ninth Defendant (Daniel Lewis) Representation: Counsel: S Golledge (Plaintiff/Liquidator) G D McDonald (Seventh Defendant)