Taylor v Swaine [2004] NSWSC 213

Taylor v Swaine [2004] NSWSC 213

The receiver was authorised by the court's orders to claim for work done by employees of his firm, thus implying authority to delegate; there was no evidence of abdication of responsibility by the receiver, and the application to set aside approval of remuneration was dismissed.

Parties
Plaintiff: Stephen Cyril Taylor; Defendant: Stephen Brian Swaine; Defendant: MST Services Pty Ltd; Receiver: Vincent Christopher Barilla
Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Application to Set Aside Order; Equity Proceeding / Judgment on Application
Outcome
Application dismissed
Legal Topics
Court Appointed Receiver, Receiver's Authority to Delegate, Remuneration of Receiver
Equity Practice and Procedure Court Appointed Receiver Receiver's Authority to Delegate Remuneration of Receiver

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Parties

Stephen Cyril Taylor

Plaintiff

Stephen Brian Swaine

Defendant

MST Services Pty Ltd

Defendant

Vincent Christopher Barilla

Receiver

Procedural Posture

Application to Set Aside Order; Equity Proceeding / Judgment on Application

Legal Issues

  1. 1 Whether a receiver appointed by the court was authorised to delegate work to others for purposes of remuneration
  2. 2 Whether absence of the first defendant's solicitor at the hearing provides ground to review the order approving remuneration

Ratio Decidendi

The receiver was authorised by the court's orders to claim for work done by employees of his firm, thus implying authority to delegate; there was no evidence of abdication of responsibility by the receiver, and the application to set aside approval of remuneration was dismissed.

Court Disposition

Application dismissed