Shannon (in his capacity as receiver and manager of North East Wiradjuri Co Limited) v North East Wiradjuri Co Limited (No 2) [2011] FCA 1007

Shannon (in his capacity as receiver and manager of North East Wiradjuri Co Limited) v North East Wiradjuri Co Limited (No 2) [2011] FCA 1007

The remuneration of the receivers for the relevant period was fixed on the basis that the work performed was reasonably necessary, the affidavit evidence satisfied the matters required by the Corporations Act and Rules, and the procedural requirements were adequately met by serving persons claiming to be entitled to be members and directors, with no opposition to the application.

Jurisdiction
Australia
Judgment Date
09 August 2011
Procedural Posture
Application for Fixing Remuneration of Receivers / Interlocutory Order
Outcome
Application granted; remuneration orders made.
Legal Topics
['receivership Remuneration' 'procedural Requirements for Fixing Remuneration']
['corporations Law'] ['receivership Remuneration' 'procedural Requirements for Fixing Remuneration']

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Procedural Posture

Application for Fixing Remuneration of Receivers / Interlocutory Order

Legal Issues

  1. 1 ['Whether the remuneration of the receivers for the period 1 March 2011 to 31 May 2011 should be fixed' 'Whether the procedural requirements for fixing remuneration under the Federal Court (Corporations) Rules 2000 (Cth) have been satisfied']

Ratio Decidendi

The remuneration of the receivers for the relevant period was fixed on the basis that the work performed was reasonably necessary, the affidavit evidence satisfied the matters required by the Corporations Act and Rules, and the procedural requirements were adequately met by serving persons claiming to be entitled to be members and directors, with no opposition to the application.

Court Disposition

Application granted; remuneration orders made.

Orders

  • ['Dispensation of service of Notice of Intention and affidavit, provided documents are served on specified solicitors.' 'Fixing the remuneration of applicants for the period 1 March 2011 to 31 May 2011 at $30,385.20 including GST.' "Applicants are empowered to draw upon such remuneration from the respondents' assets...