McDermott and McDermott and Ors

[2015] FamCA 87

FAMILY COURT OF AUSTRALIA

MCDERMOTT & MCDERMOTT AND ORS [2015] FamCA 87

FAMILY LAW – PROPERTY – Receiver and liquidator – Examination by receiver and liquidator of public officer of the subject companies – Where declaration sought by the receiver as to entitlement to certain items of personalty being alleged property of the subject companies – Where appropriate that declarations as sought by the receiver and liquidator be made.

APPLICANT: Ms McDermott

1st RESPONDENT: Mr McDermott

2nd RESPONDENT: B Pty Ltd

INTERVENOR: Mr M

FILE NUMBER: SYC 70 of 2014

DATE DELIVERED: 18 February 2015

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 18 December 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Eldershaw

SOLICITOR FOR THE APPLICANT: Campbell Paton & Taylor

COUNSEL FOR THE 1ST RESPONDENT: Mr Rosic

SOLICITOR FOR THE 1ST RESPONDENT: Hancock Alldis & Roskov

COUNSEL FOR THE INTERVENOR: Mr Miller SC

SOLICITOR FOR THE INTERVENOR: Colin Biggers & Paisley

Orders

1. That the Japanese motor vehicle  (Rego number …, VIN …) be repossessed and delivered up to the liquidator of the company or his nominated agents.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Mc Dermott & McDermott 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

Ms McDermott

Applicant

And

Mr McDermott

First Respondent

And

B Pty Ltd

Second Respondent

And

Mr M

Intervener

REASONS FOR JUDGMENT

1. The background to these proceedings is set out in reasons for judgment delivered on 14 April 2014. It is sufficient to say that there has been a history on the part of the husband of sharp financial practices, non-disclosure and lack of cooperation with the subsequently appointed receiver and liquidator to the parties’ corporate entities.

2. On 18 March 2014 orders were made in the following terms, noting that the orders were sought by the wife and not opposed by the husband:

   1.        That within seven days from the date of these orders the Husband shall provide to the Wife’s solicitors the following information and do the following things in relation to any work from 1 July 2013 to date that the Husband has undertaken on his own behalf, on behalf of [B] Pty Ltd (“the company”) or on behalf of any other entity that is of a similar nature or type of work to the work undertaken by the company in the normal course of its business:

   a.         A list of particularising all such work undertaken including the name of the person or entity for whom the work was undertaken, the dates between which the work was undertaken, the amount of money paid or to be paid for all such work and particulars of the financial institution and account into which the money was or was intended to be paid;

   b.         A list of all amounts of money which remain to be paid and direct the person or…