Sims v SPM Business Consultants Pty Ltd [2002] FCA 1350

Sims v SPM Business Consultants Pty Ltd [2002] FCA 1350

The Federal Court has jurisdiction to deal with matters arising under s 420 of the Corporations Act 2001 (Cth), including the entitlement of a receiver duly appointed to take possession and control of property of the Companies; applicants were granted leave to file a motion for interlocutory relief in support of those claims.

Parties
First Applicant: Anthony Milton Sims; Second Applicant: Sharpe Partners (South East Melbourne) Pty Limited (Receiver & Manager Appointed); Third Applicant: Sharpe Partners National Pty Limited (Receiver & Manager Appointed); Fourth Applicant: Sharpe Partners (Melbourne) Pty Limited (Receiver & Manager Appointed); First Respondent: SPM Business Consultants Pty Limited; Second Respondent: Ian Harris; Third Respondent: Paul Diggerson
Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Corporations Proceeding / Interlocutory Application
Outcome
leave granted to file notice of motion for interlocutory relief; time for service abridged; hearing adjourned for further application
Legal Topics
Receivership, Deeds of Fixed and Floating Charge, Court Orders for Delivery Up, Corporations Act Powers
Corporations Law Receivership Deeds of Fixed and Floating Charge Court Orders for Delivery Up Corporations Act Powers

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Parties

Anthony Milton Sims

First Applicant

Sharpe Partners (South East Melbourne) Pty Limited (Receiver & Manager Appointed)

Second Applicant

Sharpe Partners National Pty Limited (Receiver & Manager Appointed)

Third Applicant

Sharpe Partners (Melbourne) Pty Limited (Receiver & Manager Appointed)

Fourth Applicant

SPM Business Consultants Pty Limited

First Respondent

Ian Harris

Second Respondent

Paul Diggerson

Third Respondent

Procedural Posture

Corporations Proceeding / Interlocutory Application

Legal Issues

  1. 1 whether the Receiver had the power and entitlement under the Corporations Act 2001 (Cth) s 420 to enter into possession and take control of property as against third parties
  2. 2 court’s jurisdiction to make orders for delivery up of property to the Receiver

Ratio Decidendi

The Federal Court has jurisdiction to deal with matters arising under s 420 of the Corporations Act 2001 (Cth), including the entitlement of a receiver duly appointed to take possession and control of property of the Companies; applicants were granted leave to file a motion for interlocutory relief in support of those claims.

Court Disposition

leave granted to file notice of motion for interlocutory relief; time for service abridged; hearing adjourned for further application

Orders

  • leave is granted to the applicants to file a notice of motion seeking interlocutory relief in support of the claims set out in the application filed in this proceeding, such motion to be returnable before Emmett J on 31 October 2002 at 9.30 am
  • time for service of such motion to be abridged to 28 October 2002 at 5 pm