Ide v Ide [2004] NSWSC 751

Ide v Ide [2004] NSWSC 751

The receivers' time and expense spent assisting police with their inquiries into an incident (the shooting of a partner's representative) during the receivership is not chargeable to the partnership, as it does not constitute work within the receivers' ordinary or extraordinary duties nor confer value to the partnership; only a minimal part might be billable in special circumstances. The usual account-taking procedure may be bypassed in minor asset cases for efficiency, but no specific order is required in this instance.

Jurisdiction
Australia
Judgment Date
17 August 2004
Procedural Posture
Application in Equity/partnership Dissolution/ Receivership / Interlocutory Determination of Issue Relating to Receiver Remuneration
Outcome
No order made.
Legal Topics
["receiver's Remuneration" 'partnership Dissolution' 'costs and Accounts Procedure']
['corporations' 'equity' 'partnerships'] ["receiver's Remuneration" 'partnership Dissolution' 'costs and Accounts Procedure']

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Procedural Posture

Application in Equity/partnership Dissolution/ Receivership / Interlocutory Determination of Issue Relating to Receiver Remuneration

Legal Issues

  1. 1 ['Whether receivers can claim remuneration for time spent assisting police investigations unrelated to administration of receivership assets' 'Whether usual account-taking procedures should be bypassed for efficiency in minor disputes']

Ratio Decidendi

The receivers' time and expense spent assisting police with their inquiries into an incident (the shooting of a partner's representative) during the receivership is not chargeable to the partnership, as it does not constitute work within the receivers' ordinary or extraordinary duties nor confer value to the partnership; only a minimal part might be billable in special circumstances. The usual account-taking procedure may be bypassed in minor asset cases for efficiency, but no specific order is required in this instance.

Court Disposition

No order made.

Orders

  • []