HN QCV Bottle Tree Village Pty Ltd v QCV Bottle Tree Village Pty Ltd (No 2) [2019] NSWSC 433

Supreme Court New South Wales

Medium Neutral Citation: HN QCV Bottle Tree Village Pty Ltd v QCV Bottle Tree Village Pty Ltd (No 2) [2019] NSWSC 433 Hearing dates: On the papers Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Equity Before: Robb J Decision: (1) The Receiver is to have the power nunc pro tunc to compromise debts owed by or to the Partnership in the manner contemplated by the Deed of Settlement and Release dated 7 June 2018 between the Receiver, HN QCV Bottle Tree Pty Limited, Qantac LOR Pty Limited, QCV Pty Ltd, Thomas Scott and Graham Cleary ("Deed").

(2) The Receiver was justified in entering into, and is justified in performing his obligations and exercising his rights under, the Deed, including as varied by the letter of variation dated 8 March 2019 irrespective of the date of the Court ordering that the Receiver is so justified.

(3) The Receiver is justified in making a distribution of the net assets (less approved remuneration and disbursements) of the Partnership within his control to creditors of the Partnership on a pari-passu basis in respect of the following debts owed by the Partnership:

(a) QCV Pty Ltd – subject to the terms of the Deed, $0;

(b) HN QCV Bottle Tree Pty Ltd – $29,598.96;

(c) Qantac Pty Ltd – $46,416.42;

(d) Blacktown Accommodation Services Pty Ltd – $459,570.81;

(e) Yoogalu Pty Ltd – $128,816.90; and

(f) Smart Group Trading Company Pty Ltd (In Liquidation) and Harmon Corporation Pty Ltd together – $276,026.82, to be shared between Smart Group and Harmon equally, having regard to proofs of debt and supporting evidence provided by Smart Group and Harmon on 29 June 2018.