Structum Pty Ltd v CWCN Pty Ltd [2020] NSWSC 1314

The court should not make an order or direction in advance authorising payment out of trust assets for proposed examinations or remuneration, given unresolved priority issues among claimants and speculative, hypothetical circumstances. Orders can be made ex post, when actual costs and claims are determined.

Jurisdiction: Australia
Judgment Date: 09 September 2020
Procedural Posture: Corporations—winding Up—application for Court Directions / Application for Directions Regarding Remuneration and Costs, Ex Tempore Judgment
Outcome: Orders not made.
Legal Topics: ['liquidators' 'receivers and Managers' 'remuneration' 'trust Assets' 'priority of Claims']

['corporations' 'equity'] ['liquidators' 'receivers and Managers' 'remuneration' 'trust Assets' 'priority of Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Corporations—winding Up—application for Court Directions / Application for Directions Regarding Remuneration and Costs, Ex Tempore Judgment

Legal Issues

1 ['Whether the court should make an order or direction authorising payment of costs, expenses and remuneration of the liquidator/receiver from trust assets in advance of examinations, given competing priority claims.' 'Whether a receiver appointed by the court should have reasonable costs, expenses and remuneration paid in priority from trust assets.']

Ratio Decidendi

Court Disposition

Orders not made.

Orders

["The only order made is that the liquidator's costs of the application be costs in the liquidation."]