Segal v Sharma; In the matter of South West Radiology Pty Ltd [2022] NSWSC 1196

Segal v Sharma; In the matter of South West Radiology Pty Ltd [2022] NSWSC 1196

Having regard to Mr Preiner’s evidence as to the work performed, his review of time records, the reallocation of remuneration between his roles, the parties’ scrutiny of the claim, and the common position on the composition of monies held in Court, the Court was satisfied that the remuneration sought as former liquidator and receiver was fair and reasonable and that payment out of Court could be ordered to the extent reflecting the Company’s and Trust’s entitlement to those funds.

Jurisdiction
Australia
Judgment Date
17 August 2022
Procedural Posture
Application for Approval of Remuneration of Former Liquidator and Receiver and Payment Out of Monies Held in Court / Procedural Ruling; Ex Tempore Judgment
Outcome
Remuneration of former liquidator and receiver approved; payment out of monies held in Court ordered.
Legal Topics
['receivers and Managers' 'court Appointed Receiver' 'liquidator Remuneration' 'payment Out of Court' 'trust Assets']
['corporations' 'equity'] ['receivers and Managers' 'court Appointed Receiver' 'liquidator Remuneration' 'payment Out of Court' 'trust Assets']

Case Brief

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Procedural Posture

Application for Approval of Remuneration of Former Liquidator and Receiver and Payment Out of Monies Held in Court / Procedural Ruling; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the remuneration of Mr Adam Preiner as former liquidator of South West Radiology Pty Ltd and receiver of the SWR Holding Unit Trust should be approved.' 'Whether remuneration properly payable to Mr Preiner, and his expenses and disbursements, may be paid, at least in part, out of funds held in Court.' 'Whether the amount paid out of Court should be limited to the entitlements of the Company and the Trust to monies held in Court.']

Ratio Decidendi

Having regard to Mr Preiner’s evidence as to the work performed, his review of time records, the reallocation of remuneration between his roles, the parties’ scrutiny of the claim, and the common position on the composition of monies held in Court, the Court was satisfied that the remuneration sought as former liquidator and receiver was fair and reasonable and that payment out of Court could be ordered to the extent reflecting the Company’s and Trust’s entitlement to those funds.

Court Disposition

Remuneration of former liquidator and receiver approved; payment out of monies held in Court ordered.

Orders

  • ["Orders made in proceedings 2018/381397 determining the amount of Mr Preiner's remuneration as former liquidator of the Company and receiver of the Trust." 'Orders made in proceedings 2018/190679 dealing with the payment of funds out of Court.']