The Presbyterian Church of Queensland Incorporated by Letters Patent v Attorney-General for the State of Queensland

The Presbyterian Church of Queensland Incorporated by Letters Patent sought directions from the court regarding the sale of three residential aged care facilities. The receivers and managers of the Applicant were appointed to manage the assets, property and undertaking of the Applicant and were empowered to apply to the court for directions. The court was required to determine whether the receivers were justified in entering into and causing the Applicant to enter into a sale and purchase agreement for the three facilities, whether the receivers were justified in causing the Applicant to complete the sale and purchase agreement, and whether the receivers were justified in taking all steps that were necessary or convenient to complete the sale and purchase agreement.

The court found that the receivers had the authority to enter into the sale and purchase agreement and to cause the Applicant to complete the agreement. The court also found that the receivers were justified in taking all steps that were necessary or convenient to complete the sale and purchase agreement. The court relied on the powers of the receivers and managers as set out in the legislation and the terms of the order appointing them. The court found that the receivers had the power to manage the Applicant’s property and to sell the property as part of their duties as receivers and managers.

The court further found that the receivers had acted within their powers in entering into the sale and purchase agreement and in taking steps to complete the sale. The court found that the receivers had acted in the best interests of the Applicant and its members in entering into the sale and purchase agreement. The court also found that the receivers had acted reasonably and in good faith in taking steps to complete the sale. The court noted that the sale was in the best interests of the Applicant and its members, as it would provide much needed funds to support the ongoing operations of the Applicant.

The court made an order in accordance with the draft order, and ordered that these reasons only be provided to the parties and to the Catalyst Group until a further application of the Catalyst Group is determined, in relation to a claim of confidentiality by it over affidavit material provided to the Court or until further order.