Suncorp Metway Advances Corporation Pty Ltd v Bedroff Pty Ltd

[2009] QDC 370

[2009] QDC 370

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1349 of 2009

SUNCORP METWAY ADVANCES CORPORATION PTY LTD

Plaintiff

and

BEDROFF PTY LTD

and

MARK JAMES TONGE

Defendant

Defendant

BRISBANE

..DATE 11/11/2009

ORDER

CATCHWORDS
Uniform Civil Procedure Rules 1999 r 665

Notice as to compliance not included in an order entitling plaintiff to possession of a boat - addition might be going outside the comon ground apparently reached by the parties

HIS HONOUR:  The Court makes an order in terms of the initialled draft.  It requires the first respondent to deliver up possession of a boat. 

Possession of the boat is alternative relief to a money judgment being sought by the plaintiff. The matter has some special features. Administrators have been appointed to the first respondent company. The Court has before it a letter from the administrator, Mr Donoras, written perhaps to satisfy section 440D(1)(a) of the Corporations Act 2001 indicating that he doesn't propose to exercise any rights in relation to the boat.

I raised the question whether the rule 665 notice ought to be incorporated in the order.  I think Mr Chesterman's right in his assessment that it's preferable not to add anything to the form of order which has been the subject of agreement by the parties as established by Mr Reynolds' affidavit the subject of leave to read and file today.

Mr Chesterman's client is in the fortunate position of not expecting trouble.  So order as per initialled draft.

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