In the matter of Fellmane Pty Limited (in liquidation) [2021] NSWSC 1346

In the matter of Fellmane Pty Limited (in liquidation) [2021] NSWSC 1346

The Court approved the remuneration claimed by the liquidator/receiver as fair and reasonable, proportional to the complexity and value of assets realised, supported by detailed evidence and no opposition from creditors.

Jurisdiction
Australia
Judgment Date
18 October 2021
Procedural Posture
Interlocutory Application / Approval of Remuneration; Orders Made
Outcome
Remuneration approved; costs ordered to be paid from Trust assets; orders made as per short minutes.
Legal Topics
["liquidator's Remuneration" 'trust Receivership' 'winding Up of Corporations']
['corporations Law' 'equity'] ["liquidator's Remuneration" 'trust Receivership' 'winding Up of Corporations']

Case Brief

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Procedural Posture

Interlocutory Application / Approval of Remuneration; Orders Made

Legal Issues

  1. 1 ['Whether the remuneration claimed by the liquidator/receiver is reasonable and should be approved by the Court and paid from trust assets']

Ratio Decidendi

The Court approved the remuneration claimed by the liquidator/receiver as fair and reasonable, proportional to the complexity and value of assets realised, supported by detailed evidence and no opposition from creditors.

Court Disposition

Remuneration approved; costs ordered to be paid from Trust assets; orders made as per short minutes.

Orders

  • ["Approval of Mr Copeland's remuneration in the amount of $289,245.26 (including GST) for the specified period." 'Remuneration to be paid from assets of the Battaglia Family Trust.' "Mr Copeland's costs of the application to be costs in the receivership and paid from Trust assets."]