HN QCV Bottle Tree Village Pty Ltd v QCV Bottle Tree Village Pty Ltd (No 2) [2019] NSWSC 433

HN QCV Bottle Tree Village Pty Ltd v QCV Bottle Tree Village Pty Ltd (No 2) [2019] NSWSC 433

The Court made the orders because the further amendments and evidence removed the impediments identified in the first judgment: the receiver was given power nunc pro tunc to compromise debts under the Deed; the variation to the Deed did not prevent justification despite the passing of 29 March 2019; the relevant creditors accepted revised proof amounts matching the proposed distribution amounts; the final advertising and other evidence justified a finding that there were no other creditors; and the receiver's remuneration claims were clearly reasonable.

Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Equity Receivership Application by Notice of Motion / On the Papers; Further Amended Notice of Motion Following First Judgment
Outcome
Further amended notice of motion granted; receiver given power and justification, distribution and remuneration approved, costs made costs of the receivership, and liberty to apply granted.
Legal Topics
['receiver and Manager Powers' 'compromise of Partnership Debts' 'distribution to Creditors' 'receiver Remuneration' 'nunc Pro Tunc Orders']
['equity' 'receivership' 'partnership'] ['receiver and Manager Powers' 'compromise of Partnership Debts' 'distribution to Creditors' 'receiver Remuneration' 'nunc Pro Tunc Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Receivership Application by Notice of Motion / On the Papers; Further Amended Notice of Motion Following First Judgment

Legal Issues

  1. 1 ['Whether the receiver should be given power nunc pro tunc to compromise debts owed by or to the Partnership in the manner contemplated by the Deed of Settlement and Release dated 7 June 2018.' 'Whether the receiver was justified in entering into and performing the Deed, including as varied by the letter of variation dated 8 March 2019.' 'Whether the receiver was justified in distributing net partnership assets to creditors on a pari-passu basis in respect of identified debts.' "Whether the Court should approve the receiver's past and future remuneration and make the costs of the application costs of the receivership."]

Ratio Decidendi

The Court made the orders because the further amendments and evidence removed the impediments identified in the first judgment: the receiver was given power nunc pro tunc to compromise debts under the Deed; the variation to the Deed did not prevent justification despite the passing of 29 March 2019; the relevant creditors accepted revised proof amounts matching the proposed distribution amounts; the final advertising and other evidence justified a finding that there were no other creditors; and the receiver's remuneration claims were clearly reasonable.

Court Disposition

Further amended notice of motion granted; receiver given power and justification, distribution and remuneration approved, costs made costs of the receivership, and liberty to apply granted.

Orders

  • ['The Receiver is to have the power nunc pro tunc to compromise debts owed by or to the Partnership in the manner contemplated by the Deed of Settlement and Release dated 7 June 2018 between the Receiver, HN QCV Bottle Tree Pty Limited, Qantac LOR Pty Limited, QCV Pty Ltd, Thomas Scott and Graham Cleary ("Deed").'...