Calabretta v Wiltshire

Calabretta v Wiltshire was a case heard in the Queensland Supreme Court. The first applicant, Domenic Calabretta, is the liquidator of Wiltshire Lawyers Pty Ltd. He sought to be appointed as the receiver and manager of the Wiltshire Lawyers Trust. The legal issues in the case centred around the appropriateness of determining the application without an oral hearing, and the appointment of receivers and managers of the trust assets.

The court considered whether it was appropriate to determine the application without an oral hearing, as per rule 489 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). The applicants argued that the appointment of the first applicant as receiver and manager of the Trust was well recognised as a course open to liquidators of former corporate trustees to overcome any problems associated with the former trustee's lack of a power of sale in respect of the trust assets. The court found that in these circumstances, it was appropriate to determine the application without an oral hearing.

The court also considered the appointment of receivers and remuneration and costs. The applicants submitted that the appointment of the first applicant as receiver and manager of the Trust was a recognised course of action for liquidators of former corporate trustees. The court accepted this argument and appointed the first applicant as the receiver and manager of the Trust, granting him all the powers provided for by s 420 of the Corporations Act 2001 (Cth). The court also ordered that the Receiver's reasonable costs, expenses, and remuneration in acting as receiver and manager to the Trust, as well as the remuneration of the first applicant as liquidator of the second applicant for the period from his appointment until 1 May 2020, be paid from the assets of the Trust. The costs of the application were also to be paid from the assets of the Trust. The first applicant was granted liberty to apply, including for approval of his remuneration in acting as receiver and manager.

In summary, the court found it appropriate to determine the application without an oral hearing, and granted the applicants' requests for the appointment of the first applicant as receiver and manager of the Trust, as well as the payment of costs and remuneration from the Trust's assets.