In the matter of Renovation Boys Pty Ltd (admins apptd) (No 2) [2014] NSWSC 354

It would be unconscientious for retention of title holders to take property in the stock without recognising the efforts of administrators to identify and preserve it; therefore administrators are justified in imposing a levy upon valid retention of title holders.

Jurisdiction: Australia
Judgment Date: 26 March 2014
Procedural Posture: Interlocutory Applications / Application for Amendment of Previous Directions
Outcome: Order amending previous directions to extend to claims by retention of title holders
Legal Topics: ['voluntary Administration' 'directions to Administrators' 'equitable Lien' 'retention of Title Holders']

['corporations'] ['voluntary Administration' 'directions to Administrators' 'equitable Lien' 'retention of Title Holders']

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Procedural Posture

Interlocutory Applications / Application for Amendment of Previous Directions

Legal Issues

1 ['Whether an equitable lien entitles administrators to impose a levy upon retention of title holders in respect of costs incurred to identify and maintain stock']

Ratio Decidendi

Court Disposition

Order amending previous directions to extend to claims by retention of title holders

Orders

['Order amending order 1(f) of the orders made on 25 March 2014 to include valid retention of title holders as persons upon whom administrators may impose a levy in respect of stock items made available to them']