Thompson v White

[2008] NSWSC 157

CITATION:

Thompson v White [2008] NSWSC 157

HEARING DATE(S):

22 February 2008

 
JUDGMENT DATE : 

29 February 2008

JUDGMENT OF:

Biscoe AJ

CATCHWORDS:

Joint Venture - Dispute re accounts - final orders consequential on judgment.

LEGISLATION CITED:

Bankruptcy Act 1966 (Cth), s 60

CATEGORY:

Consequential orders

CASES CITED:

John v Neiman Holdings Pty Ltd (1986) 84 FLR 84

PARTIES:

Byron Ward Thompson (Plaintiff 2685/03)
Julian John White (First Defendant 2685/03)
Romeo Medina Libut (Second Defendant 2685/03)
Aerated Concrete Design & Construction Pty Ltd ACN 070 297 291 (Plaintiff 5929/03)
Byron Ward Thompson (Defendant 5929/03)

FILE NUMBER(S):

SC 2685/03; 5929/03

SOLICITORS:

Mr R McGrath, Brown & Partners trustee in Bankruptcy of estate of Byron Ward Thompson (Plaintiff 2685/03; Defendant 5929/03)

Romeo Medina Libut in person (Second Defendant 2685/03)

Julian John White in person (First Defendant 2685/03; Plaintiff 5929/03)

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

BISCOE AJ

29 February 2008

2685/03 BYRON WARD THOMPSON v JULIAN JOHN WHITE & ROMEO MEDINA LIBUT

5929/03 AERATED CONCRETE DESIGN & CONSTRUCTION PTY LTD ACN 070 297 291 v BYRON WARD THOMPSON

JUDGMENT

1 HIS HONOUR: I delivered judgment in this matter on 15 January 2008. At that time I listed the matter on 29 January 2008 to make final orders and gave directions for the parties to submit agreed or competing short minutes of orders. The directions were not complied with. Consequently, on 29 January the timetable was extended and the matter was listed on 12 February 2008 to make final orders. There was a slippage in the timetable, it was again extended and the matter was listed on 22 February 2008 when I heard extensive argument as to the content of final orders.

2 In the meantime:

(a) Mr Thompson was declared bankrupt on 8 February 2008 and at the subsequent listings his trustee in bankruptcy was represented by his former solicitors. It was common ground that, notwithstanding Mr Thompson’s bankruptcy and s 60 of the Bankruptcy Act 1966 (Cth), I could make final orders to give effect to the judgment that I had delivered: John v Neiman Holdings Pty Ltd (1986) 84 FLR 84.
(b) On 12 February 2008 the solicitors for Aerated Concrete Design and Construction Pty Ltd (ACDC) and Mr Libut obtained leave to withdraw. Thereafter those parties were no longer legally represented but ACDC was represented by its director, Mr White.

3 It became common ground that it was sufficient relief in both proceedings to make orders as to the amounts owing between the joint venture, on the one hand, and the participants in the joint venture and related parties, on the other.

4 I make the following orders:

(1) Declaration that the following amounts inclusive of interest are owed by the joint venture of Byron Ward Thompson, Julian John White and Romeo Libut:
(a) $198,735 to Australian Hebel House Superannuation Fund
(b) $338,874 to Aerated Concrete Design and Construction Superannuation Fund.
(c) $418,426 to Aerated Concrete Design and Construction Pty Limited.
(d) $301,000 to Romeo Libut
(e) $505,500 to Julian John White
(2) Declaration that, subject to the provisions of the Bankruptcy Act 1966 (Cth), Byron Ward Thompson owes, and order that he pay, the said joint venture the sum of $561,571 inclusive of interest.
(3) Declaration that the profit made by the said joint venture was $855,557.
(4) Subject to the provisions of the Bankruptcy Act 1966 (Cth) order that Byron Ward Thompson pay the costs of the other parties.
(5) Grant leave to Julian John White to arrange with the Registry for his notice of motion filed on 18 February 2008 to be listed before the Duty Judge.
(6) The exhibits may be returned, except for the exhibits on 22 February 2008.