FAMILY COURT OF AUSTRALIA
| MCDERMOTT & MCDERMOTT AND ANOR | [2015] FamCA 574 |
| FAMILY LAW – PROPERTY – LIQUIDATOR/ RECEIVER - where application by liquidator/receiver for declarations – where issue as to source of funds diverted to husband’s bank accounts – where appropriate to make declarations sought. |
FAMILY LAW – PROPERTY - INTERIM PROPERTY – where application by husband for interim property distribution in specie – where relevant property subject of receivership – where significant outstanding issues as to the available pool of assets for distribution – where consideration of relevant principles – where interim property application dismissed.
| Corporations Act 2001 (Cth) ss 420, 440D, 477, 479(3) Family Law Act 1975 (Cth) ss 79, 80(1)(k) Supreme Court Act 1970 (NSW) s 67 |
| Harris & Harris (1993) FLC 92-378 |
| APPLICANT: | Mr McDermott |
| RESPONDENT: | Ms McDermott |
| INTERVENOR: | Mr M |
| FILE NUMBER: | SYC | 70 | of | 2014 |
| DATE DELIVERED: | 22 July 2015 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 9 and 10 June 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Rosic |
| SOLICITOR FOR THE APPLICANT: | Hancock Alldis Roskov |
| COUNSEL FOR THE RESPONDENT: | Mr Lethbridge SCMs Eldershaw |
| SOLICITOR FOR THE RESPONDENT: | Campbell Paton & Taylor |
| SOLICITOR FOR THE INTERVENOR: | Colin Biggers & Paisley |
Orders
That the Court declares that any funds deposited into the Australia and New Zealand Bank Limited account number … – … and BSB number … in the name of the Second Respondent from 9 May 2014 are properly the property of the Company, the Partnership and Z on a proportionate split of 72.5 per cent to the Partnership and 27 per cent to the Company and 0.5 per cent to Z and that such property vests in Mr M in his capacity as receiver and manager of the Partnership and liquidator of the Company and Z.
That the husband’s application in a case be dismissed.
That costs of and incidental to the applications before the Court be reserved.
IT IS NOTED that publication of this judgment by this Court under the pseudonym McDermott & McDermott & Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: SYC 70 of 2014
| Mr McDermott |
Applicant
And
| Ms McDermott |
Respondent
And
Mr M
Intervener
REASONS FOR JUDGMENT
The present matter for determination is yet another application in the long-running property saga between the husband and wife.
The background to the matter was considered in the context of previous proceedings between the husband and wife in reasons for Judgment delivered on 14 April 2014 (McDermott & McDermott [2014] FamCA 245) and on 5 August 2014 (McDermott & McDermott & Ors [2014] FamCA 615).
On the 21 July 2014 Mr M of M Advisory was appointed as receiver and manager of the income and property of the parties’…
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- AGLC
- McDermott and McDermott and Anor [2015] FamCA 574
- Case
- [2015] FamCA 574
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was to determine the proper ownership of funds deposited into a specific bank account from 9 May 2014. This involved ascertaining the proportionate interests of the Company, the Partnership, and an entity referred to as Z in those funds.
Foster J declared that the funds deposited into the specified ANZ bank account from 9 May 2014 were the property of the Company, the Partnership, and Z, in proportions of 72.5 per cent to the Partnership, 27 per cent to the Company, and 0.5 per cent to Z. The Court further declared that these funds vested in Mr M in his capacity as receiver and manager of the Partnership and liquidator of the Company and Z. The husband's application was dismissed, and costs were reserved.
Orders
Orders of the court
1.
That the Court declares that any funds deposited into the Australia and New Zealand Bank Limited account number … – … and BSB number … in the name of the Second Respondent from 9 May 2014 are properly the property of the Company, the Partnership and Z on a proportionate split of 72.5 per cent to the Partnership and 27 per cent to the Company and 0.5 per cent to Z and that such property vests in Mr M in his capacity as receiver and manager of the Partnership and liquidator of the Company and Z.
2.
That the husband’s application in a case be dismissed.
3.
That costs of and incidental to the applications before the Court be reserved.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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