Lewarne v Momentum Productions Pty Ltd [2013] FCA 678

Lewarne v Momentum Productions Pty Ltd [2013] FCA 678

Because the receiver had realised all assets, reported on his administration, written off unrecoverable costs, there were no unresolved claims, and there was no opposition, it was appropriate to discharge the receiver and grant leave to dispense with the filing of final accounts as required by the rules.

Jurisdiction
Australia
Judgment Date
08 July 2013
Procedural Posture
Corporations – Application for Discharge and Release of Receiver / Application for Discharge and Release of Receiver; Request to Dispense With Final Accounts
Outcome
Application granted; receiver discharged and released; leave granted to dispense with filing of final accounts
Legal Topics
['receivership' 'discharge of Receiver' 'release of Receiver' 'dispensing With Final Accounts']
['corporations Law'] ['receivership' 'discharge of Receiver' 'release of Receiver' 'dispensing With Final Accounts']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations – Application for Discharge and Release of Receiver / Application for Discharge and Release of Receiver; Request to Dispense With Final Accounts

Legal Issues

  1. 1 ['Whether the receiver may be discharged and released from acting as receiver and manager of the partnership business' 'Whether leave should be granted to dispense with the requirement to file final accounts under r 14.25 of the Federal Court Rules 2011']

Ratio Decidendi

Because the receiver had realised all assets, reported on his administration, written off unrecoverable costs, there were no unresolved claims, and there was no opposition, it was appropriate to discharge the receiver and grant leave to dispense with the filing of final accounts as required by the rules.

Court Disposition

Application granted; receiver discharged and released; leave granted to dispense with filing of final accounts

Orders

  • ['John Vouris is forthwith discharged and released from acting as receiver and manager of the partnership between the applicant and the second respondent in operating the business conducted at the East Village Hotel and the Partnership Business.' 'Leave is granted to the Receiver to dispense with the requirement to...