Bitar Pty Ltd v Hebbel Constructions Pty Ltd [2019] NSWCA 38

There was no error of principle, no manifest injustice, and no actionable delay warranting removal of the receiver; leave to appeal was refused as the receivership was nearly complete and other remedies were available.

Parties: Applicant: Bitar Pty Limited; First Respondent: Hebbel Constructions Pty Limited; Second Respondent: Daniel Frisken
Jurisdiction: Australia
Judgment Date: 05 March 2019
Procedural Posture: Appeal / Leave to Appeal From Interlocutory Decision
Outcome: Leave to appeal dismissed with costs.
Legal Topics: Receivership, Removal of Receiver, Interlocutory Appeal, Discretion on Removal, Delay in Receivership, Commercial Judgment

Corporations Law Civil Procedure Receivership Removal of Receiver Interlocutory Appeal Discretion on Removal Delay in Receivership Commercial Judgment

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

Bitar Pty Limited

Applicant

Hebbel Constructions Pty Limited

First Respondent

Daniel Frisken

Second Respondent

Procedural Posture

Appeal / Leave to Appeal From Interlocutory Decision

Legal Issues

1 Whether error of principle in approach to removal of receiver
2 Whether manifest injustice in refusing to remove the receiver
3 Whether complaints of delay by the receiver warranted removal

Ratio Decidendi

Court Disposition

Leave to appeal dismissed with costs.

Orders

Time for service of summons seeking leave to appeal extended to 27 August 2018.
Summons seeking leave to appeal dismissed with costs.