Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 7) [2015] FCA 236

Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 7) [2015] FCA 236

Because the amended proposed inquiry was confined to the defendants' post-appointment conduct in charging BFPL and causing it to pay PPB Invoice 800511, and the amount so charged and paid, the evidence and submissions provided a sufficient basis to expand the inquiry in those limited terms. On costs, neither party was substantially successful in the strike out application, but an appropriate discretionary order was that the plaintiff pay 40% of the defendants' costs.

Jurisdiction
Australia
Judgment Date
17 March 2015
Procedural Posture
Inquiry Into the Conduct of Receivers and Managers Under S 423(1) of the Corporations Act 2001 (cth) / Application to Expand the Scope of the Inquiry Determined on the Papers
Outcome
The scope of the inquiry ordered on 26 April 2013 was expanded, and the plaintiff was ordered to pay 40% of the defendants' costs of the defendants' interlocutory application dated 3 October 2014 in any event.
Legal Topics
['inquiry Into Conduct of Receivers and Managers' 'scope of Inquiry Under S 423(1)' 'professional Fees and Expenses' 'costs of Interlocutory Application']
['corporations Law' 'insolvency and Receivership' 'civil Procedure'] ['inquiry Into Conduct of Receivers and Managers' 'scope of Inquiry Under S 423(1)' 'professional Fees and Expenses' 'costs of Interlocutory Application']

Case Brief

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Procedural Posture

Inquiry Into the Conduct of Receivers and Managers Under S 423(1) of the Corporations Act 2001 (cth) / Application to Expand the Scope of the Inquiry Determined on the Papers

Legal Issues

  1. 1 ['Whether the scope of the inquiry should be expanded to include the propriety of the defendants charging BFPL, and causing it to pay PPB, professional fees and expenses for services allegedly provided to Australia and New Zealand Banking Group Limited during 19 November 2010 to 17 December 2010.' 'Whether the expanded inquiry should include the amount charged to BFPL and paid to PPB for those services.' 'What costs order should be made in relation to the strike out application in Oswal (No 6).']

Ratio Decidendi

Because the amended proposed inquiry was confined to the defendants' post-appointment conduct in charging BFPL and causing it to pay PPB Invoice 800511, and the amount so charged and paid, the evidence and submissions provided a sufficient basis to expand the inquiry in those limited terms. On costs, neither party was substantially successful in the strike out application, but an appropriate discretionary order was that the plaintiff pay 40% of the defendants' costs.

Court Disposition

The scope of the inquiry ordered on 26 April 2013 was expanded, and the plaintiff was ordered to pay 40% of the defendants' costs of the defendants' interlocutory application dated 3 October 2014 in any event.

Orders

  • ["The scope of the inquiry ordered on 26 April 2013 be expanded to include an inquiry into the propriety of the Defendants' conduct in charging BFPL, and causing it to pay to PPB, professional fees and expenses for professional services allegedly provided by the Defendants to Australia and New Zealand Banking Group...