Walkabout II Pty Ltd v Jabulani Pty Ltd and Ors [2015] NSWSC 1569

Walkabout II Pty Ltd v Jabulani Pty Ltd and Ors [2015] NSWSC 1569

The receivers’ reports as referees are adopted subject to two qualifications: the agreed allowance for long service leave ($167,194.50) for the defendants is included, and the requirement for defendants to repay annual leave is excluded as the receivers misunderstood the documentary basis for that charge; otherwise, the receivers’ findings regarding redundancy payments and unauthorised trading losses stand. Additional evidence sought to be tendered by the defendants was properly excluded to preserve the integrity of the alternative dispute resolution process and references to referees.

Jurisdiction
Australia
Judgment Date
22 October 2015
Procedural Posture
Equity Partnership Dispute / Determination of Terms for Adoption of Receivers' Reports Following Reference as Referees for Partnership Account Inquiry
Outcome
Receivers’ reports adopted with specified variations. Final orders to be brought in by the parties. Costs reserved for future consideration.
Legal Topics
['receivership' 'adoption of Referee Reports' 'winding Up Partnership' 'taking Partnership Accounts']
['equity' 'partnership'] ['receivership' 'adoption of Referee Reports' 'winding Up Partnership' 'taking Partnership Accounts']

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Procedural Posture

Equity Partnership Dispute / Determination of Terms for Adoption of Receivers' Reports Following Reference as Referees for Partnership Account Inquiry

Legal Issues

  1. 1 ['Should the receivers’ reports, as referees in the taking of partnership accounts, be adopted in whole or part?' 'Are the receivers’ findings as to annual leave, redundancy payments, and unauthorised trading losses correct and should they be adopted?' 'Should further evidence outside that considered by the receivers be admitted at this stage?']

Ratio Decidendi

The receivers’ reports as referees are adopted subject to two qualifications: the agreed allowance for long service leave ($167,194.50) for the defendants is included, and the requirement for defendants to repay annual leave is excluded as the receivers misunderstood the documentary basis for that charge; otherwise, the receivers’ findings regarding redundancy payments and unauthorised trading losses stand. Additional evidence sought to be tendered by the defendants was properly excluded to preserve the integrity of the alternative dispute resolution process and references to referees.

Court Disposition

Receivers’ reports adopted with specified variations. Final orders to be brought in by the parties. Costs reserved for future consideration.

Orders

  • ['Receivers’ reports as referees adopted, subject to allowance for long service leave ($167,194.50) in favour of defendants and exclusion of annual leave charge against defendants.' 'Receivers’ findings on redundancy payments ($154,384.32) and unauthorised trading losses ($115,670) to the account of defendants are...