McCourt and Ranteri and Anor

FAMILY COURT OF AUSTRALIA

MCCOURT & RANTERI AND ANOR [2009] FamCA 455

FAMILY LAW – COMPANIES – Receivership and/or liquidation and/or winding up – Obligations of receivers and managers

APPLICANT: Mr McCourt

RESPONDENT: Mr Ranteri

RESPONDENT: Ms Lindell

FILE NUMBER: MLC 2638 of 2008

DATE DELIVERED: 29 May 2009

PLACE DELIVERED: Townsville

PLACE HEARD: Melbourne

JUDGMENT OF: Monteith J

HEARING DATE: 23, 24, 25 & 26 March 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Gobbo

SOLICITOR FOR THE APPLICANT: Maddocks Lawyers

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT

RANTERI:

Self-represented

Orders

1. The Response to an Application in a Case filed by Mr Ranteri on 23 October 2008 be dismissed.

2. The Receiver and Manager, Mr McCourt, have liberty to apply for costs.

IT IS NOTED that publication of this judgment under the pseudonym McCourt & Ranteri and Anor is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT TOWNSVILLE

FILE NUMBER: MLC 2638  of 2008

MR MCCOURT

Applicant

And

MR RANTERI

Respondent

MS LINDELL

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. By an application dated 8 October 2008, the applicant Receiver and Manager sought an order that his appointment as Receiver of F Business Pty Ltd be discharged.

2. By an Order that I made on 20 May 2008, I appointed Mr McCourt Receiver and Manager of the said company, directed that he undertake an assessment as to the ongoing viability of the company and make recommendations for the future conduct or winding up of the company.  I ordered that Mr McCourt prepare a report as to his findings, such report to be provided to each of the parties and to the Court, and that the parties each fully cooperate with Mr McCourt, including the provision of all relevant documents and access to the business premises at M in the State of Victoria.

3. These orders were made on the application of the wife, Ms Lindell, because she and the husband were both directors and shareholders of the company and were unable to agree upon the continued conduct of the business, having regard to ongoing matrimonial difficulties between them.

4. On 29 May 2008, I made supplementary orders confirming the appointment of Mr McCourt and varying the orders of 20 May 2008 by directing that Mr McCourt was authorised to do (in Receiver and Manager’s name or otherwise) anything that the company could do and was otherwise to have the powers referred to in section 420 of the Corporations Act 2001 (Cth).

5. At the time of making the orders, Ms Lindell and Mr Ranteri were legally represented.

6. Following upon the applicant’s appointment, a review of the company was conducted and a report was prepared, which was circulated to all parties by facsimile dated 30 May 2008, and filed with the Court under cover of a letter dated 2 June 2008.

7. Mr McCourt concluded that the company was insolvent, that it should not be permitted to trade and recommended that following a valuation of the company’s major…