Palmer v Palmer

Case [2023] QSC 278

SUPREME COURT OF QUEENSLAND

CITATION:

Palmer & Anor v Palmer & Ors [2023] QSC 278

PARTIES:

KEITH DOUGLAS PALMER

(First Applicant)

CHRISTINE ELIZABETH PALMER

(Second Applicant)

v

GARRY THOMAS PALMER

(First Respondent)

AMY PALMER

(Second Respondent)

RODNEY JAMES PALMER

(Third Respondent)

FILE NO/S:

BS 8001 of 2019

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

8 December 2023

DELIVERED AT:

Brisbane

HEARING DATE:

21 August 2023

JUDGE:

Crowley J

ORDER:

1. Pursuant to r 269 of the UCPR, the receivers’ remuneration for acting as receivers of the property of the partnership known as Lindsay Palmer & Sons is fixed in the sum of $1,152,396.26 and is to be paid from the assets of the partnership.

2.   The receivers are discharged from any obligation pursuant to paragraph 13 of the orders made in this proceeding on 8 August 2019 to pay the parties’ costs of the application filed 29 July 2019.

3.   Upon:

a.   the receivers filing in this Court an affidavit containing the final accounts for the partnership prepared pursuant to paragraph 11 of the orders made in this proceeding on 8 August 2019;

b.   the Court determining any objection that may be taken to the final accounts;

c.   the payment of the receivers’ remuneration and costs pursuant to these orders; and

d.   the distribution of any remnant surplus partnership assets to the partners;

the receivers are discharged.

CATCHWORDS:

PARTNERSHIP – RELATIONSHIP BETWEEN PARTNERS – EQUITABLE REMEDIES AND RELIEF – RECEIVERS – OTHER MATTERS – where the court appointed receivers to conduct the winding up of a partnership  – where the receivers apply for orders to facilitate the completion of the receivership, including an order approving their remuneration – where one of the partners challenges the receivers’ remuneration – whether the receivers provided sufficient information and material to enable the Court to assess their claim – whether the work undertaken by the receivers was reasonable and necessary – whether the charges incurred by the receivers were reasonable

Corporations Act 2001 (Cth), s 420

Uniform Civil Procedure Rules 1999 (Qld), r 269

Andrew Koh Nominees Pty Ltd v Receiver & Manager of the Balneum Joint Venture (2007) 33 WAR 561; [2007] WASCA 156, cited
Australian Securities & Investments Commission v Groundhog Developments Pty Ltd [2011] QSC 263, cited
Conlan v Adams (2008) 65 ASCR 521; [2008] WASCA 61, cited
Costello v Condi [2012] FamCA 355, cited
Gardner v London, Chatham and Dover Railway Co (No 1) (1897) LR 2 Ch App 201, cited
Gibbs v David [1875] LR 20 Eq 373, cited
Golden Star Resources Limited v Rosel [2010] QSC 28, cited
Ide v Ide (2004) 184 FLR 44; [2004] NSWSC 751, cited
Lancet Pty Ltd v Olholm Developments Pty Ltd (2001) 1 Qd R 22, considered
Mohamed v Hurtsville Tower Medical Clinic Pty Ltd (in liq) [2006] NSWSC 4, cited
Owen (in the matter of Rivercity Motorway Pty Ltd) v Madden (No 2) [2012]…

Continue reading Palmer v Palmer

Sign in free to access the full text

Details
AGLC
Palmer v Palmer [2023] QSC 278
Case
[2023] QSC 278
Decision Date

CaseChat Overview and Summary

The case of Palmer v Palmer involved a dispute over the remuneration of receivers appointed to wind up a partnership. The partnership, Lindsay Palmer & Sons, was the subject of receivership proceedings, and the receivers sought orders to facilitate the winding up process, including approval of their remuneration. One of the partners contested the receivers' remuneration, arguing that it was excessive and that the receivers had not provided sufficient information to enable a fair assessment of the claim.

The central legal issues were whether the receivers had furnished adequate information and material for the court to evaluate their remuneration claim and whether the work they performed was both reasonable and necessary. Additionally, the court needed to determine if the charges incurred by the receivers were reasonable.

The court ruled that the receivers had provided sufficient information for the court to assess the claim for remuneration. The court found that the work undertaken by the receivers was both reasonable and necessary for the winding up of the partnership. The charges incurred by the receivers were also deemed reasonable. Consequently, the court fixed the receivers' remuneration at $1,152,396.26, to be paid from the partnership's assets. The receivers were also discharged from any obligation to pay the parties' costs of a previous application. The receivers would be discharged upon filing a final account affidavit, the court determining any objections to the final accounts, the payment of the receivers' remuneration and costs, and the distribution of any remaining partnership assets to the partners.

Orders

Orders of the court

1. Pursuant to r 269 of the UCPR, the receivers’ remuneration for acting as receivers of the property of the partnership known as Lindsay Palmer & Sons is fixed in the sum of $1,152,396.26 and is to be paid from the assets of the partnership.

2. The receivers are discharged from any obligation pursuant to paragraph 13 of the orders made in this proceeding on 8 August 2019 to pay the parties’ costs of the application filed 29 July 2019.

3. Upon:

a. the receivers filing in this Court an affidavit containing the final accounts for the partnership prepared pursuant to paragraph 11 of the orders made in this proceeding on 8 August 2019;

b. the Court determining any objection that may be taken to the final accounts;

c. the payment of the receivers’ remuneration and costs pursuant to these orders; and

d. the distribution of any remnant surplus partnership assets to the partners;

the receivers are discharged.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.