HN QCV Bottle Tree Pty Limited v QCV Bottle Tree Village Pty Limited [2017] NSWSC 1035

Supreme Court New South Wales

Medium Neutral Citation: HN QCV Bottle Tree Pty Limited v QCV Bottle Tree Village Pty Limited [2017] NSWSC 1035 Hearing dates: 4 August 2017 Date of orders: 04 August 2017 Decision date: 04 August 2017 Jurisdiction: Equity Before: Kunc J Decision: Remuneration approved Catchwords: EQUITY — Equitable remedies — Receivers — Court supervision of — Remuneration Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liquidation) v Sakr [2017] NSWCA 38; (2017) 118 ACSR 333 Category: Procedural and other rulings Parties: HN QCV Bottle Tree Pty Limited ACN 601 477 785 (Plaintiff)

QCV Bottle Tree Village Pty Limited ACN 602 294 048 as agent for the QCV Bottle Tree Village Partnership (Receiver and Manager Appointed) (First Defendant) Qantac LOR Pty Limited ACN 162 991 415 (Second Defendant) MM2 Group Pty Limited ACN 166 082 006 (Third Defendant) Representation: Counsel: V Whittaker and B Ng (Applicant/Receiver and Manager)

Solicitors: Hogan Lovells (Applicant/Receiver and Manager) File Number(s): 2016/165777 Publication restriction: No

EX TEMPORE Judgment (REVISED) 1. HIS HONOUR: By amended notice of motion filed in Court today, Adam Shepard (the "Applicant"), in his capacity as receiver and manager of the business and assets of the QCV Bottle Tree Village Partnership (Receiver and Manager Appointed) (the "Partnership") seeks the following orders: "1. Adam Shepherd in his capacity as receiver and manager ("Receiver') of the business and assets of the QCV Bottle Tree Village Partnership (Receiver and Manager Appointed) ("Partnership") is justified in taking all reasonable steps to realise or recover from the partners of the Partnership (being the plaintiff, the second defendant and the third defendant) ("Partners") all amounts due by them under the partnership and agency deed of the Partnership to meet all liabilities of the Partnership in full, including commencing proceedings. 2. The Receiver's remuneration to 15 March28 July 2017 in the sum of $57,597.5068,748.00 (excluding GST) be approved." 1. The Applicant was represented before me by Ms V Whittaker of Counsel who appeared with Ms B Ng of Counsel. 2. The Court is satisfied that the Applicant is entitled to the orders he seeks, with some minor variations in relation to proposed Order 1.