Shannon (in his capacity as receiver and manager of North East Wiradjuri Co Limited) v North East Wiradjuri Co Limited [2011] FCA 599

Shannon (in his capacity as receiver and manager of North East Wiradjuri Co Limited) v North East Wiradjuri Co Limited [2011] FCA 599

The Court fixed the applicants' remuneration because the affidavit evidence and remuneration report satisfied the matters in s 425(8), showed that the work performed during the relevant period appeared to have been reasonably necessary, and showed appropriate allocation of work at relevant hourly rates; the procedural matters in reg 9.1 were dealt with, with service on solicitors for the persons claiming to be members and directors accepted in the circumstances and consent from those solicitors taken into account.

Jurisdiction
Australia
Judgment Date
26 May 2011
Procedural Posture
Application for the Court to Fix Receivers' Remuneration Pursuant to S 425 of the Corporations Act 2001 (cth) and Reg 9.1 of the Federal Court (corporations) Rules 2000 (cth) / Interlocutory Application Filed on 13 May 2011
Outcome
Orders made in accordance with paragraphs 1, 2 and 3 of the interlocutory application filed on 13 May 2011.
Legal Topics
["receivers' Remuneration" 'service Requirements' 'appointment of Receivers and Managers' 'pooled Assets']
['corporations Law' 'insolvency and Receivership'] ["receivers' Remuneration" 'service Requirements' 'appointment of Receivers and Managers' 'pooled Assets']

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
Sign in to unlock

Procedural Posture

Application for the Court to Fix Receivers' Remuneration Pursuant to S 425 of the Corporations Act 2001 (cth) and Reg 9.1 of the Federal Court (corporations) Rules 2000 (cth) / Interlocutory Application Filed on 13 May 2011

Legal Issues

  1. 1 ["Whether the Court should fix the applicants' remuneration as receivers and managers for the period 5 November 2010 to 28 February 2011 in the amount of $45,651.65." 'Whether the procedural service requirements under reg 9.1 of the Federal Court (Corporations) Rules 2000 (Cth) were satisfied or should be dispensed with.']

Ratio Decidendi

The Court fixed the applicants' remuneration because the affidavit evidence and remuneration report satisfied the matters in s 425(8), showed that the work performed during the relevant period appeared to have been reasonably necessary, and showed appropriate allocation of work at relevant hourly rates; the procedural matters in reg 9.1 were dealt with, with service on solicitors for the persons claiming to be members and directors accepted in the circumstances and consent from those solicitors taken into account.

Court Disposition

Orders made in accordance with paragraphs 1, 2 and 3 of the interlocutory application filed on 13 May 2011.

Orders

  • ['The requirement of service of the Notice of Intention to apply for Remuneration and a copy of the affidavit on which the First and Second Applicants intend to rely pursuant to Regulation 9.1(2)(e) of the Federal Court (Corporations) Rules 2000 (Cth) be dispensed with, on condition that the Documents be served on...