Krejci (liquidator), in the matter of Camporeale Properties Pty Ltd (in liquidation) [2023] FCA 586

Krejci (liquidator), in the matter of Camporeale Properties Pty Ltd (in liquidation) [2023] FCA 586

The evidence demonstrated that the receiver’s remuneration was reasonable for the work undertaken, and that entry into the settlement deed, with the required judicial approval, was appropriate and justified in the circumstances; confidentiality orders were also warranted due to the sensitive nature of some affidavit material.

Parties
First Plaintiff: Peter Krejci as liquidator of Camporeale Properties Pty Ltd (in liquidation); Second Plaintiff: Camporeale Properties Pty Ltd (in liquidation); Respondent: Sandra Camporeale
Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Corporations Matter—liquidation and Receivership / Application for Approval of Deed of Settlement, Remuneration, and Confidentiality Orders
Outcome
Applications granted for remuneration, approval of settlement deed, confidentiality orders, and discharge of receiver upon completion of tasks.
Legal Topics
Liquidator's Remuneration, Entry Into Deed of Settlement, Receiver Discharge, Confidentiality Orders
Corporations Law Insolvency Liquidator's Remuneration Entry Into Deed of Settlement Receiver Discharge Confidentiality Orders

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Parties

Peter Krejci as liquidator of Camporeale Properties Pty Ltd (in liquidation)

First Plaintiff

Camporeale Properties Pty Ltd (in liquidation)

Second Plaintiff

Sandra Camporeale

Respondent

Procedural Posture

Corporations Matter—liquidation and Receivership / Application for Approval of Deed of Settlement, Remuneration, and Confidentiality Orders

Legal Issues

  1. 1 Whether to approve entry into a deed of settlement and release under s 477(2B) of the Corporations Act 2001 (Cth)
  2. 2 Whether to fix the receiver and liquidator’s remuneration as reasonable
  3. 3 Whether to grant confidentiality orders under s 37AF of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

The evidence demonstrated that the receiver’s remuneration was reasonable for the work undertaken, and that entry into the settlement deed, with the required judicial approval, was appropriate and justified in the circumstances; confidentiality orders were also warranted due to the sensitive nature of some affidavit material.

Court Disposition

Applications granted for remuneration, approval of settlement deed, confidentiality orders, and discharge of receiver upon completion of tasks.

Orders

  • Paragraph 11 and Annexure C of the affidavit of Peter Paul Krejci sworn 21 April 2023 to be confidential until 11 May 2024.
  • Receiver's remuneration for 1 Oct 2021 to 31 Jan 2023 fixed at $174,848 (excl. GST).