GGPG Pty Ltd (Receiver and Manager Appointed) v Golden Eagle Property Group Pty Ltd [2024] FCA 1188

GGPG Pty Ltd (Receiver and Manager Appointed) v Golden Eagle Property Group Pty Ltd [2024] FCA 1188

The receiver is acting reasonably and properly in continuing to retain Thynne + Macartney as solicitors, as no sufficient basis has been established that their continued engagement would prejudice the administration of justice or its appearance, even in the context of a concurrent hearing with a proceeding to which the solicitors are parties. There is no conflict or overlap of issues that would compromise their professional obligations, and the public interest in allowing the receiver to retain his solicitors of choice prevails.

Parties
Plaintiff and First Cross Respondent: GGPG Pty Ltd (Receiver and Manager Appointed); First Defendant and Cross Claimant: Golden Eagle Property Group Pty Ltd; Second Defendant: David Alexander John Whiteman; Third Defendant: Marc Andrew Clancy; Second Cross Respondent: Park Ridge 180 Pty Ltd (Receiver and Manager Appointed)
Jurisdiction
Australia
Judgment Date
17 October 2024
Procedural Posture
Corporations – Application for Judicial Directions by Receiver / Interlocutory Application for Directions Under S 424 of the Corporations Act 2001 (cth)
Outcome
Application granted for directions under s 424 of the Corporations Act 2001 (Cth) confirming the receiver may continue to retain Thynne + Macartney as solicitors. Costs reserved; parties to be heard on costs.
Legal Topics
Receivership, Court Directions to Receivers, Legal Professional Conduct, Solicitor Restraint From Acting
Corporations Law Receivership Court Directions to Receivers Legal Professional Conduct Solicitor Restraint From Acting

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Parties

GGPG Pty Ltd (Receiver and Manager Appointed)

Plaintiff and First Cross Respondent

Golden Eagle Property Group Pty Ltd

First Defendant and Cross Claimant

David Alexander John Whiteman

Second Defendant

Marc Andrew Clancy

Third Defendant

Park Ridge 180 Pty Ltd (Receiver and Manager Appointed)

Second Cross Respondent

Procedural Posture

Corporations – Application for Judicial Directions by Receiver / Interlocutory Application for Directions Under S 424 of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 Whether the receiver is acting reasonably and properly in continuing to retain Thynne + Macartney as solicitors in the proceeding given their joinder in a related proceeding to be heard concurrently
  2. 2 Whether the engagement of the solicitors prejudices the administration of justice or the appearance thereof

Ratio Decidendi

The receiver is acting reasonably and properly in continuing to retain Thynne + Macartney as solicitors, as no sufficient basis has been established that their continued engagement would prejudice the administration of justice or its appearance, even in the context of a concurrent hearing with a proceeding to which the solicitors are parties. There is no conflict or overlap of issues that would compromise their professional obligations, and the public interest in allowing the receiver to retain his solicitors of choice prevails.

Court Disposition

Application granted for directions under s 424 of the Corporations Act 2001 (Cth) confirming the receiver may continue to retain Thynne + Macartney as solicitors. Costs reserved; parties to be heard on costs.

Orders

  • Pursuant to s 424 of the Corporations Act 2001 (Cth), direction granted that Mr Marcus Watters, as receiver of GGPG Pty Ltd, is acting reasonably and properly in continuing to retain Thynne + Macartney as solicitors in QUD 462 of 2022.
  • The parties are to be heard on the question of costs.