Hebbel Constructions Pty Limited v Bitar Pty Limited and Anor [2018] NSWSC 758

Hebbel Constructions Pty Limited v Bitar Pty Limited and Anor [2018] NSWSC 758

The Court held that Bitar Pty Ltd did not establish grounds warranting the removal of the Court-appointed receiver, as the criticisms largely related to matters of commercial judgment, delays for which Bitar was partially responsible, and issues not supported by admissible evidence; further, the removal would risk additional delay and costs, and no sufficient case was made for an interim distribution.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Application Under R 26.6 of the Uniform Civil Procedure Rules 2005 (nsw) / Judgment on Motion to Discharge Receiver and for Interim Distribution
Outcome
Notice of Motion dismissed; no order for removal of receiver; no interim distribution ordered; liberty to apply reserved regarding unit 11 issue.
Legal Topics
['court Appointed Receiver' 'removal or Discharge of Receiver' 'interim Distribution' 'partnership Dissolution' 'winding Up' 'powers of Receiver']
['equity' 'practice and Procedure'] ['court Appointed Receiver' 'removal or Discharge of Receiver' 'interim Distribution' 'partnership Dissolution' 'winding Up' 'powers of Receiver']

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Procedural Posture

Application Under R 26.6 of the Uniform Civil Procedure Rules 2005 (nsw) / Judgment on Motion to Discharge Receiver and for Interim Distribution

Legal Issues

  1. 1 ['Whether the Court-appointed receiver should be discharged under r 26.6 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether there is a basis for an interim distribution by the receiver to Bitar Pty Limited']

Ratio Decidendi

The Court held that Bitar Pty Ltd did not establish grounds warranting the removal of the Court-appointed receiver, as the criticisms largely related to matters of commercial judgment, delays for which Bitar was partially responsible, and issues not supported by admissible evidence; further, the removal would risk additional delay and costs, and no sufficient case was made for an interim distribution.

Court Disposition

Notice of Motion dismissed; no order for removal of receiver; no interim distribution ordered; liberty to apply reserved regarding unit 11 issue.

Orders

  • ["Bitar's Notice of Motion filed 24 April 2018 is dismissed." 'No order is made for discharge of the Court-appointed receiver.' 'No basis for an interim distribution by the Receiver to Bitar Pty Limited is established.' "Liberty to apply on 2 business days' notice regarding unit 11."]