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
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
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.
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…
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- AGLC
- McDermott and McDermott and Ors [2015] FamCA 87
- Case
- [2015] FamCA 87
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was the determination of ownership and the consequent right to possession of the motor vehicle in the context of a company liquidation. Specifically, the Court had to ascertain whether the liquidator had a superior claim to the vehicle over any other party asserting an interest in it.
Foster J ordered that the Japanese motor vehicle be repossessed and delivered up to the liquidator of the company or their nominated agents. This outcome indicates that the Court found the liquidator's claim to the vehicle to be valid and paramount in the circumstances of the liquidation.
Orders
Orders of the court
1.
That the Japanese motor vehicle (Rego number …, VIN …) be repossessed and delivered up to the liquidator of the company or his nominated agents.
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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