Magarditch, Gerier Agop & Ors v Australia & New Zealand Banking Group Ltd & Anor [1998] FCA 49

Magarditch, Gerier Agop & Ors v Australia & New Zealand Banking Group Ltd & Anor [1998] FCA 49

The Court made directions facilitating inquiry of the Australian Taxation Office because that limited step could be taken through the liquidator, but declined to make the interim payment and repayment orders at that time because the applicants' evidence was inadequate, the monetary claims were unparticularised or depended on serious allegations against the liquidator, solicitors and bank, and those allegations could not be determined without giving the impugned parties a proper opportunity to answer them in a substantial interlocutory hearing that could not be completed before the fixed hearing date.

Jurisdiction
Australia
Judgment Date
12 January 1998
Procedural Posture
Notice of Motion in Federal Court Proceedings Cross Vested From the Supreme Court / Interlocutory Application Before Hearing Fixed for 9 March 1998
Outcome
Directions made for inquiry into possible Australian Taxation Office credits; balance of the motion stood over; costs reserved.
Legal Topics
['interim Payment' 'funding Legal Representation' 'liquidator Remuneration' 'tax Credits' 'interlocutory Evidence' 'right to Be Heard']
['civil Procedure' 'corporations' 'banking' 'taxation'] ['interim Payment' 'funding Legal Representation' 'liquidator Remuneration' 'tax Credits' 'interlocutory Evidence' 'right to Be Heard']

Case Brief

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Procedural Posture

Notice of Motion in Federal Court Proceedings Cross Vested From the Supreme Court / Interlocutory Application Before Hearing Fixed for 9 March 1998

Legal Issues

  1. 1 ['Whether the liquidator should authorise the second applicant to approach the Australian Taxation Office to investigate possible tax credits of the third applicant.' 'Whether the respondents should be ordered on an interim basis to pay $350,000 to permit the applicants to retain lawyers.' 'Whether the first respondent should be ordered to pay $136,993 to the second applicant representing proceeds of sale of a home unit paid to reduce a debt of the third applicant.' 'Whether the evidence before the Court was sufficient to make interlocutory orders involving allegations of fraud, misconduct, misrepresentation or impropriety.']

Ratio Decidendi

The Court made directions facilitating inquiry of the Australian Taxation Office because that limited step could be taken through the liquidator, but declined to make the interim payment and repayment orders at that time because the applicants' evidence was inadequate, the monetary claims were unparticularised or depended on serious allegations against the liquidator, solicitors and bank, and those allegations could not be determined without giving the impugned parties a proper opportunity to answer them in a substantial interlocutory hearing that could not be completed before the fixed hearing date.

Court Disposition

Directions made for inquiry into possible Australian Taxation Office credits; balance of the motion stood over; costs reserved.

Orders

  • ['The liquidator is to authorise the second applicant in writing to approach the Australian Taxation Office to ascertain whether the third applicant has any funds standing by way of tax credits.' "Mr Sourian's first application to the Tax Office is to ascertain what information the Tax Office needs to determine...