KONSTANTINIDIS v. BALOGLOW & ORS [2000] NSWSC 483

KONSTANTINIDIS v. BALOGLOW & ORS [2000] NSWSC 483

The Receiver and Manager should be directed to sell partnership properties, unless the plaintiff gives undertakings and indemnities as outlined, since the Receivership cannot remain stalemated and the plaintiff has not demonstrated a prima facie entitlement to an injunction against sale.

Jurisdiction
Australia
Judgment Date
02 June 2000
Procedural Posture
Receivership Application / Interlocutory Directions
Outcome
Directions proposed for Receiver and Manager to exercise power of sale unless plaintiff undertakes specified arrangements; draft order to be prepared.
Legal Topics
['receivership' 'power of Sale' 'partnership Dissolution' 'trusts']
['equity' 'partnership Law'] ['receivership' 'power of Sale' 'partnership Dissolution' 'trusts']

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Procedural Posture

Receivership Application / Interlocutory Directions

Legal Issues

  1. 1 ['Should the Receiver and Manager be granted liberty to sell partnership properties given disputes over cross-collateralisation and alleged settlement?' 'Is the plaintiff entitled to restrain the sale of Manly properties based on an alleged settlement agreement?']

Ratio Decidendi

The Receiver and Manager should be directed to sell partnership properties, unless the plaintiff gives undertakings and indemnities as outlined, since the Receivership cannot remain stalemated and the plaintiff has not demonstrated a prima facie entitlement to an injunction against sale.

Court Disposition

Directions proposed for Receiver and Manager to exercise power of sale unless plaintiff undertakes specified arrangements; draft order to be prepared.

Orders

  • ['Plaintiff to authorise Receiver and Manager to apply proceeds of Marrickville sale to debts secured on other properties.' 'Plaintiff to indemnify Receiver and Manager for any loss from such application and provide security.' 'Plaintiff to provide funds or authorise sale of other properties to discharge secured...