Gandangara Local Aboriginal Land Council & Anor v Gandangara Services Limited & Ors [2016] NSWSC 372

Gandangara Local Aboriginal Land Council & Anor v Gandangara Services Limited & Ors [2016] NSWSC 372

Because the purposes of Mr Hillig's appointment had been completed, deregistration could not practically occur while he remained receiver and manager, the accounts had already been audited and further accounts would add little while causing further costs, and the remuneration claimed was supported by detailed evidence and had been reviewed as fair and reasonable, the Court discharged him as receiver and manager, dispensed with the accounts requirement and approved his remuneration.

Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Equity Corporations List / Application by Court Appointed Receiver and Manager for Discharge, Dispensation From Preparing Accounts and Approval of Remuneration
Outcome
Application granted.
Legal Topics
['court Appointed Receivers and Managers' 'termination of Receivership' 'dispensation From Filing Accounts' "approval of Receiver's Remuneration" 'voluntary Deregistration']
['corporations' 'equity' 'civil Procedure'] ['court Appointed Receivers and Managers' 'termination of Receivership' 'dispensation From Filing Accounts' "approval of Receiver's Remuneration" 'voluntary Deregistration']

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Procedural Posture

Equity Corporations List / Application by Court Appointed Receiver and Manager for Discharge, Dispensation From Preparing Accounts and Approval of Remuneration

Legal Issues

  1. 1 ['Whether the court-appointed receiver and manager should be discharged in respect of the relevant companies.' 'Whether the requirement to prepare accounts under r 26.5 of the Uniform Civil Procedure Rules 2005 (NSW) should be dispensed with under s 14 of the Civil Procedure Act 2005 (NSW).' "Whether the receiver and manager's remuneration in respect of the relevant companies should be approved."]

Ratio Decidendi

Because the purposes of Mr Hillig's appointment had been completed, deregistration could not practically occur while he remained receiver and manager, the accounts had already been audited and further accounts would add little while causing further costs, and the remuneration claimed was supported by detailed evidence and had been reviewed as fair and reasonable, the Court discharged him as receiver and manager, dispensed with the accounts requirement and approved his remuneration.

Court Disposition

Application granted.

Orders

  • ['Order that receiver and manager be discharged in respect of the companies.' 'Order that requirement for preparing accounts for the companies be dispensed with.' "Approval of receiver and manager's remuneration in respect of the companies granted." 'Orders to be entered forthwith.']