Stojanovski v Stojanovski (No 2) [2024] NSWSC 369

Stojanovski v Stojanovski (No 2) [2024] NSWSC 369

Trustees/Receivers are entitled to a further $238,235.56 for Sale Costs and Receivership Costs, as the work performed and expenses incurred were reasonably necessary, reasonable and proportionate, supported by time records, invoices, and expert evidence. No prematurity as any competing claims over proceeds can be resolved in ongoing Family Law Proceedings.

Jurisdiction
Australia
Judgment Date
10 April 2024
Procedural Posture
Corporations/trustees and Receivership / Further Application for Remuneration and Expenses Following Principal Judgment
Outcome
Trustees/Receivers entitled to further remuneration and expenses; costs order against fourth defendant.
Legal Topics
['receivership Costs' 'trustee Remuneration' 'court Approval of Costs']
['equity' 'corporations'] ['receivership Costs' 'trustee Remuneration' 'court Approval of Costs']

Case Brief

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Procedural Posture

Corporations/trustees and Receivership / Further Application for Remuneration and Expenses Following Principal Judgment

Legal Issues

  1. 1 ['Whether trustees/receivers are entitled to further remuneration and expenses post-20 January 2023' 'Whether such costs have been reasonably and properly incurred']

Ratio Decidendi

Trustees/Receivers are entitled to a further $238,235.56 for Sale Costs and Receivership Costs, as the work performed and expenses incurred were reasonably necessary, reasonable and proportionate, supported by time records, invoices, and expert evidence. No prematurity as any competing claims over proceeds can be resolved in ongoing Family Law Proceedings.

Court Disposition

Trustees/Receivers entitled to further remuneration and expenses; costs order against fourth defendant.

Orders

  • ['The Sale Costs and the Receivership Costs as defined in the orders of the court made on 18 May 2022 (May Orders) be fixed in the further sum of $238,235.56 to be paid to the fifth and sixth defendants in accordance with orders 6(i) and 8(k) of the May Orders.' "The fourth defendant pay the fifth and sixth...