Shanmugathaas & Anor v Paramanirupan & Ors (No. 2) [2019] NSWSC 1496

Supreme Court New South Wales

Medium Neutral Citation: Shanmugathaas & Anor v Paramanirupan & Ors (No. 2) [2019] NSWSC 1496 Hearing dates: 8 & 10 October 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Equity Before: Slattery J Decision: Slip rule amendment made. Application to re-open refused. Approval given to a limited amount of receivers' fees and disbursements incurred since the 19 September judgment. Catchwords: APPLICATION TO RE-OPEN – defendants seek to rely upon evidence adduced in a further hearing since the 19 September judgment and with that evidence to re-open the application for the approval of receivers' fees decided in the 19 September judgment ("the 19 September judgment") – whether any part of the 19 September judgment can now be re-opened.

RECEIVERS – Court appointed receivers – remuneration – previous application for approval by the Court of receivers' remuneration – approvals given in the September 2019 judgment to most of the receivers claims for fees and disbursements up to 14 May 2019 – further application by receivers made for approval of receivers' fees and disbursements incurred after 14 May 2019 – whether further fees and disbursements should be allowed, and if so, in what amount.

SLIP RULE – Court's calculation of approval of fees and disbursements under the slip rule is said to fail to bring to account a sum for legal costs which by reason of the mathematical logic of the Court's decision should have been included in the calculation brought to account – whether the 19 September judgment should be amended under the slip rule. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 36.15, 36.17 Cases Cited: Arnold v Forsythe [2012] NSWCA 18 Autodesk Inc v Dyason (No. 2) (1993) 176 CLR 300 In the matter of Say Enterprises Pty Ltd [2018] NSWSC 396 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Re Barrell Enterprises [1972] 3 All ER 631 Shanmugathaas & Anor v Paramanirupan & Ors [2019] NSWSC 1219 Shanmugathaas & Anor v Paramanirupan & Anor [2019] NSWSC 1306 Category: Procedural and other rulings Parties: First Plaintiff: Sivapragasam Shanmugathaas Second Plaintiff: Suganthiny Shanmugathaas First Defendant: Sathyanparamatheva Paramanirupan Second Defendant: Praveena Sathyanparamatheva Receivers: Sean Wengel and Robert Whitton Representation: Counsel: Plaintiffs: T. Cleary Defendants: T. Flaherty Receivers: D.K. Ratnam