| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
CORPORATIONS LIST
S ECI 2016 01206
IN THE MATTER of SUNRAYSIA ROOFING PTY LTD (ACN 005 456 575)
BETWEEN
| JULIE MAREE COHRS (IN HER CAPACITY AS EXECUTOR AND TRUSTEE OF THE WILL AND ESTATE OF RAYMOND MANFRED COHRS) | Plaintiff |
| v | |
| PAUL ANTHONY COHRS & ORS (according to the attached Schedule) | Defendants |
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JUDICIAL REGISTRAR: | Matthews JR |
WHERE HELD: | Melbourne |
DATE OF HEARING: | On the papers |
DATE OF RULING: | 4 November 2020 |
CASE MAY BE CITED AS: | Re Sunraysia Roofing Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2020] VSC 724 |
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CORPORATIONS – Court-appointed receivers – Application for approval of remuneration – Source of power for making orders – Prima facie case for remuneration established – Remuneration approved – In the matter of Banksia Securities Ltd (in liq) (receivers and managers appointed) [2017] NSWSC 540 – IMO Traditional Values Management Limited (in liq) [2012] VSC 650.
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JUDICIAL REGISTRAR:
Introduction
By report filed 21 September 2020 (‘Receivers Report’), the First Other Party in this proceeding, being John Ross Lindholm and George Georges in their capacity as joint and several court appointed receivers and managers (‘Receivers’), seek approval of their remuneration for the period 26 October 2019 to 11 September 2020 (‘Second Period’) in the amount of $614,897.50 (excluding GST) (‘Remuneration Approval Request’).[1]
[1]The Remuneration Approval Request is Annexure C to the Receivers Report.
By orders made by Riordan J on 2 October 2020, the Remuneration Approval Request was referred to me for determination on the papers, unless otherwise ordered (‘2 Oct Orders’). Those orders also relevantly include the following:
(a) the First Defendant is to file and serve any notice of objection to the Remuneration Approval Request, which specifies each objection and provides proper particulars of its grounds, by 4.00 pm on 14 October 2020; and
(b) the Receivers are to file and serve a written response to any notice of objection to the Remuneration Approval Request by 4.00 pm on 28 October 2020.
On 15 October 2020, my Associate received an email from the Receivers’ solicitors, advising that they had not been served with any notice of objection from the First Defendant, requesting that the Remuneration Approval Request be approved on the papers, and stating that the other parties to the proceeding had indicated that they had no objection to the Remuneration Approval Request.
On my instruction, on 22 October 2020, my Associate informed the parties that as the time for the First Defendant to file and serve any notice of objection to the Remuneration Approval Request by the time set out in the 2 Oct Orders had now passed, I would determine the Remuneration Approval Request on the papers and on the basis of the materials already filed in respect of it.
For the reasons set out below, the Remuneration Approval Request is granted and the Court will make orders approving the Receivers’ remuneration for the Second Period…
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- Re Sunraysia Roofing Pty Ltd [2020] VSC 724
- Case
- [2020] VSC 724
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