In the matter of Australasian Barristers Chambers Pty Ltd [2019] NSWSC 799

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australasian Barristers Chambers Pty Ltd [2019] NSWSC 799 Hearing dates: 2 & 7 February 2018 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Reasonable remuneration for the totality of the receivership, including work up to the date of the hearing, attendance at the hearing, and any further work required to complete the receivership, is $90,000.00, and the receiver would be justified in paying that remuneration out of the proceeds of sale of the property. Catchwords: CORPORATIONS – external administration – receivers – remuneration – general principles – whether reasonable to sell property – whether sale reasonably conducted – reasonable remuneration for selling property – where additional work occasioned by acts of respondent – where receiver did work in excess of that which a reasonably prudent businessperson acting in own interests would have done – reasonable remuneration for remuneration application Legislation Cited: (CTH) Corporations Act 2001, s 425(8) (NSW) Uniform Civil Procedure Rules 2005, r 26.4 Cases Cited: AAA Financial Intelligence Ltd (in liq), In the matter of [2014] NSWSC 1004 ABCD Corporation Pty Ltd v Sampson [2017] NSWCA 117 Anderson Group, Re (2002) 20 ACLC 1607; [2002] NSWSC 764 Australasian Barrister Chambers Pty Ltd (in liq), In the matter of [2017] NSWSC 245 Australasian Barrister Chambers Pty Ltd (in liq), In the matter of [2017] NSWSC 597 Australasian Barrister Chambers Pty Ltd (in liq), In the matter of [2017] NSWSC 627 Australasian Barrister Chambers Pty Ltd, In the matter of [2016] NSWSC 1767 Australasian Barrister Chambers Pty Ltd, In the matter of [2016] NSWSC 1939 Banksia Securities Ltd (in liq) (receivers and managers appointed), In the matter of [2017] NSWSC 540 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20 Deputy Commissioner of Taxation v Starpicket Pty Ltd (No 2) [2013] FCA 699 Gondon Five Pty Ltd and Cui Family Asset Management Pty Ltd, In the matter of [2019] NSWSC 469 Ide v Ide (2004) 184 FLR 44; (2004) 50 ACSR 324; [2004] NSWSC 751 Mohamed v Hurstville Tower Medical Clinic Pty Ltd (in liquidation) [2006] NSWSC 4 Sakr Nominees Pty Ltd, In the matter of [2016] NSWSC 709 Sakr Nominees Pty Ltd, In the matter of [2017] NSWSC 668 Sanderson, as liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 93 NSWLR 459; (2017) 118 ACSR 333; [2017] NSWCA 38 Say Enterprises Pty Ltd, In the matter of [2018] NSWSC 396 Selth v Australasian Barrister Chambers Pty Ltd (No 3) (2017) 256 FCR 367; [2017] FCA 649 Templeton v Australian Securities and Investments Commission (2015) 108 ACSR 545; [2015] FCAFC 137 Timeshare Resort Club Ltd (in liq), Re (2010) 187 FCR 13; (2010) 78 ACSR 705; [2010] FCA 673 Universal Distributing Co Ltd (in liq), Re (1933) 48 CLR 171; [1933] HCA 2 Venetian Nominees Pty Ltd v Conlan (1998) 20 WAR 96 Wenkart v Pantzer (2005) 223 ALR 385; [2005] FCA 1572 Wine National Pty Ltd, In the matter of [2016] NSWSC 4 Category: Principal judgment Parties: David Henry Sampson (A) ABCD Corporation Pty Ltd (R) Representation: Counsel: R Marshall SC w S Cirillo (A) D Minus (R)