JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: WOODS & WHITE -v- HOPKINS [2016] WASC 16
CORAM: ACTING MASTER GETHING
HEARD: 15 OCTOBER 2015
DELIVERED : 22 JANUARY 2016
FILE NO/S: COR 161 of 2015
BETWEEN: MATTHEW DAVID WOODS & HAYDEN LEIGH WHITE as Joint and Several Liquidators of LITTLE TIGER PTY LTD (IN LIQ) as Trustee for the BPH TRUST
First Plaintiff
MATTHEW DAVID WOODS & HAYDEN LEIGH WHITE as Joint and Several Liquidators of GWYNGALCHU PTY LTD (IN LIQ) as Trustee for the BPS TRUST
Second PlaintiffMATTHEW DAVID WOODS & HAYDEN LEIGH WHITE as Joint and Several Liquidators of NEREUS PTY LTD (IN LIQ) as Trustees for the BPM TRUST
Third PlaintiffAND
RICK GAVIN HOPKINS
First DefendantBRYNLEY THOMAS SCOTT
Second DefendantJUSTIN STEPHEN MANOLIKOS
Third DefendantCHARLIE SAM NAPOLI
SILVERLINE ASSET PTY
Fourth DefendantsGRAHAM ARTHUR ADDISON
JABRUM PTY LTD
GRAHAM ADDISON & ASSOCIATES PTY LTD
Fifth DefendantsCOMMONWEALTH BANK OF AUSTRALIA LTD
Sixth Defendant
Catchwords:
Corporations law - Winding up - Application by liquidators for directions - Whether indemnity secured by equitable charge can be exercised by liquidators against partnership assets - Priority of distribution of partnership assets where all parties are companies
Legislation:
Bankruptcy Act 1966 (Cth), s 110
Corporations Act 2001 (Cth), s 479, s 553E, s 556
Partnership Act 1895 (WA), s 50, s 57
Result:
Directions given
Category: A
Representation:
Counsel:
First Plaintiff : Mr J C Vaughan SC
Second Plaintiff : Mr J C Vaughan SC
Third Plaintiff : Mr J C Vaughan SC
First Defendant : No appearance
Second Defendant : No apperance
Third Defendant : No appearance
Fourth Defendants : Mr M L Bennett
Fifth Defendants : Mr S J Lemonis
Sixth Defendant : No appearance
Interested Party : Mr G D Cobby
Solicitors:
First Plaintiff : Clayton Utz
Second Plaintiff : Clayton Utz
Third Plaintiff : Clayton Utz
First Defendant : Tottle Partners
Second Defendant : Tottle Partners
Third Defendant : Tottle Partners
Fourth Defendants : Bennett & Co, Barristers & Solicitors
Fifth Defendants : Lemonis & Tantiprasut Lawyers
Sixth Defendant : No appearance
Interested Party : For Ms J Low in her capacity as Liquidator of BYBAPL (in liq)
Case(s) referred to in judgment(s):
Amni Pty Ltd v Williams [1981] 2 NSWLR 138
Atwell & Atwell v Roberts[No 3] [2009] WASC 96
Australian Securities and Investments Commission v GDK Financial Solutions Pty Ltd (in liq) (No 3) (2008) 246 ALR 580
Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485
Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd [1974] HCA 22; (1974) 131 CLR 321
Coad v Wellness Pursuit Pty Ltd (in liq) [2009] WASCA 68; (2009) 40 WAR 53
Coats v Southern Cross Airlines Holdings Ltd (in liq) [2000] 1 Qd R 84
Commissioner of State Taxation for the State of South Australia v Cyril Henschke Pty Ltd [2010] HCA 43; (2010) 242 CLR 508
Keep reading for free
Create a free CaseChat account to read Woods & White v Hopkins and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] WASC 16
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the equitable charge and whether it could be exercised by the liquidators. The court also considered the priority of distribution of partnership assets, and whether the liquidators should have priority over the other creditors of the company in liquidation. The court examined the relevant provisions of the Partnership Act and the Corporations Act, as well as relevant case law. The court held that the liquidators could exercise the indemnity secured by the equitable charge, as it was a proprietary interest in the partnership assets. The court also held that the liquidators should have priority over the other creditors of the company in liquidation in the distribution of partnership assets, as the equitable charge was a security interest in the partnership assets.
The court found in favour of the liquidators and granted their application for directions. The liquidators were allowed to exercise the indemnity secured by the equitable charge, and they were also given priority over the other creditors of the company in liquidation in the distribution of partnership assets. The court held that the equitable charge was a security interest in the partnership assets, and therefore the liquidators had a proprietary interest in the partnership assets. The court held that the liquidators should be paid first from the partnership assets, ahead of the other creditors of the company in liquidation. The court did not make any orders in relation to the other respondents, as they did not contest the liquidators' application.
In summary, the court held that the liquidators could exercise an indemnity secured by an equitable charge over partnership assets, and that the liquidators should have priority over the other creditors of the company in liquidation in the distribution of partnership assets. The court granted the liquidators' application for directions, and made orders in favour of the liquidators. The court did not make any orders in relation to the other respondents, as they did not contest the liquidators' application.
Orders
Orders of the court
Full text does not contain this section.
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.