Shanmugathaas & Anor v Paramanirupan & Ors [2019] NSWSC 1219

Supreme Court New South Wales

Medium Neutral Citation: Shanmugathaas & Anor v Paramanirupan & Ors [2019] NSWSC 1219 Hearing dates: 16 August 2019 Date of orders: 19 September 2019 Decision date: 19 September 2019 Jurisdiction: Equity Before: Slattery J Decision: Receivers' remuneration approved in part. Adjustments made to $30,000 limit on receivers' fees. Catchwords: RECEIVERS – Court appointed receivers – remuneration – application for approval by the Court of receivers' remuneration – receivers appointed in July 2018 to undertake specific tasks in relation to a modest property development – the terms of the receivers' appointment included a maximum Court ordered upper limit of $30,000 on the receiver's fees, plus GST plus disbursements – receivers undertake work on the receivership tasks between July 2018 and August 2019 – receivers seek the Court's approval for fees plus GST and disbursements of $197,000 – whether the receivers' fees and disbursements should be approved – whether the cap of $30,000 on receiver's expenses applies – whether the cap can be amended now – whether both parties to the proceedings acquiesced in the receivers undertaking more work than was originally envisaged, when the cap was imposed in July 2018 – what is the appropriate quantum of remuneration that should now be approved for the receivers. Legislation Cited: Partnership Act 1892 Supreme Court Act 1970, s 67 Cases Cited: Bailey v Marinoff (1971) 125 CLR 529 Deputy Commissioner of Taxation v Starpicket Pty Ltd (No. 2) [2013] FCA 699 DJL v Central Authority (2000) 201 CLR 226 In the matter of Australasian Barristers Chambers Pty Ltd [2019] NSWSC 799 In the matter of Gondon Five Pty Limited and Cui Family Asset Management Pty Limited [2019] NSWSC 469 In the matter of Say Enterprises Pty Ltd [2018] NSWSC 396 In the matter of Wine National Pty Limited, James Estate Wines Pty Limited and Liquor National Pty Limited [2016] NSWSC 4 Mariconte & Anor v Batiste (2000) 48 NSWLR 724 Shanmugathaas v Paramanirupan [2018] NSWSC 1232 Tate v Barry (1928) 28 SR (NSW) 380 Venetian Nominees Pty Ltd v Conlon (1998) 20 WAR 96 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed, 2014, LexisNexis Butterworths)