Shanmugathaas & Anor v Paramanirupan & Ors (No. 2) [2019] NSWSC 1496

Shanmugathaas & Anor v Paramanirupan & Ors (No. 2) [2019] NSWSC 1496

The slip rule (UCPR r 36.17) applies, allowing amendment to the 19 September orders to include the receivers' legal disbursements in the correct amount; the defendants' application to re-open the judgment is refused as the determinations regarding receivers' fees and disbursements for periods already covered are final and may only be challenged on appeal, not on re-agitation or fresh evidence; only a limited sum ($5,000) is approved for receivers' fees and disbursements incurred after 14 May 2019, reflecting proportionality and deficiencies in the receivers' work.

Jurisdiction
Australia
Judgment Date
01 November 2019
Procedural Posture
Procedural and Other Rulings / Post Judgment Applications: Slip Rule, Receivers' Fee Approval, and Re Opening Application
Outcome
Slip rule amendment made; defendants' application to re-open refused; limited approval of receivers' fees and disbursements post 14 May 2019
Legal Topics
['slip Rule Amendment' "receivers' Fees" 'application to Re Open Judgment' "approval of Receivers' Remuneration"]
['equity' 'civil Procedure'] ['slip Rule Amendment' "receivers' Fees" 'application to Re Open Judgment' "approval of Receivers' Remuneration"]

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Procedural Posture

Procedural and Other Rulings / Post Judgment Applications: Slip Rule, Receivers' Fee Approval, and Re Opening Application

Legal Issues

  1. 1 ["Whether the 19 September judgment should be re-opened to reconsider approval of receivers' fees and disbursements" "Whether receivers' fees and disbursements incurred after 14 May 2019 should be approved and in what amount" "Whether the slip rule applies to amend the calculation of receivers' fees and disbursements"]

Ratio Decidendi

The slip rule (UCPR r 36.17) applies, allowing amendment to the 19 September orders to include the receivers' legal disbursements in the correct amount; the defendants' application to re-open the judgment is refused as the determinations regarding receivers' fees and disbursements for periods already covered are final and may only be challenged on appeal, not on re-agitation or fresh evidence; only a limited sum ($5,000) is approved for receivers' fees and disbursements incurred after 14 May 2019, reflecting proportionality and deficiencies in the receivers' work.

Court Disposition

Slip rule amendment made; defendants' application to re-open refused; limited approval of receivers' fees and disbursements post 14 May 2019

Orders

  • ["Vacate the Court's orders made on 19 September 2019 and substitute the orders set out in Schedule A" "Dismiss the defendants' application to re-open the Court's orders of 19 September 2019" "Allow the sum of $5,000 only for receivers' costs incurred from 15 May to 8 October 2019; no other costs allowed after 14...