Damages are an adequate remedy for breach of a receiver's duty under s 420A(1) of the Corporations Act 2001 (Cth) where market value can be assessed by expert valuation evidence. The court's role is not to supervise the sale process conducted by a receiver; the power of sale is exercised by the receiver, not the court. A party seeking to restrain completion of a receiver's sale must demonstrate more than an arguable breach of s 420A to obtain injunctive relief or a stay.
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