Citadel Financial Corporation Pty Ltd v Elite Highrise Services Pty Ltd [2014] NSWSC 1750

Citadel Financial Corporation Pty Ltd v Elite Highrise Services Pty Ltd [2014] NSWSC 1750

Order 3 should be varied because equipment sold on or before 3 December 2014 could be kept at the Kurnell property until after 8 December 2014, giving the plaintiffs a reasonable opportunity to inspect it, while avoiding serious interference with purchasers' rights or placing the receiver in breach of sale contracts. Any jeopardy to the receiver was to be assessed in light of the receiver's earlier assurance that no scaffolding would be sold before 4 December.

Jurisdiction
Australia
Judgment Date
04 December 2014
Procedural Posture
Procedural and Other Rulings / Ex Tempore Judgment on Notice of Motion to Vary Interim Orders
Outcome
Order 3 of 3 December 2014 varied.
Legal Topics
['amendment of Orders' 'variation of Interim Restraints' 'removal of Scaffolding Equipment' 'third Party Purchaser Rights' "receiver's Sale"]
['civil Procedure' 'equity' 'receivership'] ['amendment of Orders' 'variation of Interim Restraints' 'removal of Scaffolding Equipment' 'third Party Purchaser Rights' "receiver's Sale"]

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Procedural Posture

Procedural and Other Rulings / Ex Tempore Judgment on Notice of Motion to Vary Interim Orders

Legal Issues

  1. 1 ['Whether order 3 made on 3 December 2014 should be varied to allow scaffolding equipment sold on or before 3 December 2014 to be removed from the Kurnell property.' "Whether the proposed variation would cause serious interference with purchasers' rights or expose the receiver to jeopardy." 'Whether the plaintiff should have an opportunity to inspect scaffolding equipment at the Kurnell property before removal.']

Ratio Decidendi

Order 3 should be varied because equipment sold on or before 3 December 2014 could be kept at the Kurnell property until after 8 December 2014, giving the plaintiffs a reasonable opportunity to inspect it, while avoiding serious interference with purchasers' rights or placing the receiver in breach of sale contracts. Any jeopardy to the receiver was to be assessed in light of the receiver's earlier assurance that no scaffolding would be sold before 4 December.

Court Disposition

Order 3 of 3 December 2014 varied.

Orders

  • ['Order 3 made on 3 December 2014 be varied by adding the following proviso: Provided that it will not be a contravention of this order for the first and second respondents to allow scaffolding equipment that has been sold on or before 3 December 2014 to be removed from the Kurnell property after 8 December 2014.'...