D Pty Ltd and Ors & Sadler and Ors

The appeal involved D Pty Ltd and others versus Sadler and others, heard in the Family Court of Australia. The dispute centered around the appointment of receivers to three trusts to realise the interests of the parties for property settlement purposes. The primary judge's decision to appoint the receivers was contested, with issues raised regarding whether the appointment was necessary, if the receivers were independent, and whether the primary judge had misapprehended the effect of the appointment.

The court was required to determine if the primary judge had misapprehended the effect of the appointment of receivers and whether one of the receivers lacked independence. The court considered whether the appointment of receivers was a breach of the mortgage and if there was a serious possibility of conflict or reasonable apprehension that the receivers would be impeded or inhibited from acting impartially. The court examined the relationships and interests of the receiver in relation to the trusts and the parties involved. The court noted that the receiver had no relevant relationship with the trusts or the associated companies, and thus there was no conflict of interest or reasonable apprehension of bias.

The court found that the primary judge had misapprehended the effect of the appointment of receivers and that one of the receivers did not lack independence. The appeal was allowed, and the orders appointing receivers were set aside. The application for the appointment of receivers was dismissed. The court granted leave to appeal and directed that any party seeking a costs order must file and serve submissions within 28 days, with respondents to an application for a costs order required to file and serve any submissions in reply within a further 28 days.