In the matter of Fellmane Pty Ltd (in liq) [2020] NSWSC 595

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fellmane Pty Ltd (in liq) [2020] NSWSC 595 Hearing dates: 27 February 2020 Date of orders: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: 2019/142162

(1) The Court declines to give directions to Brendan James Copeland in his capacity as receiver of the Battaglia Family Trust and liquidator of Fellmane Pty Ltd (in liq) that Mr Copeland is justified in entering into and performing and causing Fellmane Pty Ltd (in liq) to enter into and perform the deed of proposed sale and release in the form of the document contained in MFI 2.

(2) The interlocutory process filed 3 October 2019 be dismissed.

(3) The applicants' costs of the interlocutory process filed 3 October 2019 be costs in the receivership of the Battaglia Family Trust and be paid from the assets of that Trust.

(4) In the absence of agreement between the parties as to the costs of the contradictors, SX Projects Pty Ltd (in liq) and ACN 092 745 330 (in liq), direct that the contradictors file and serve short written submissions in support of any application for costs within 7 days and the applicants file and serve short written submissions in response within a further 7 days (in each case not exceeding 3 pages). The question of the contradictors' costs will be determined on the papers.

(5) Direct that the parties confer and provide to the Associate to Gleeson J within 5 days any proposed redactions of those parts of this judgment which reveal commercially confidential information concerning the value of the Gerroa property.