Bitar Pty Ltd v Hebbel Constructions Pty Ltd

[2019] NSWCA 38

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Decision not to discharge court-appointed receiver
5. › Whether error of principle in approach to removal of receiver
6. › Whether manifest injustice in refusing to remove receiver
7. › Futility of appeal where receivership almost complete
8. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Corporations
2. › Receivers and managers
3. › Appointment by court
4. › Application for removal of receiver
5. › Conduct of receivership
6. › Powers
7. › Where receiver makes commercial judgments as to timing and staging of sale of assets
8. › Whether delay in sale of assets warranted removal
9. › UCPR r 26.6
1. Practice and Procedure
2. › Discretionary decisions
3. › Appellate review
4. › House v The King error
5. › Whether primary judge took into account irrelevant considerations
6. › Whether factual findings supported exercise of discretion

Quick Take

Practitioners seeking removal of a court-appointed receiver should note that the court will treat the receiver's decisions on timing and staging of sales as matters of commercial judgment, and that delay in bringing an appeal may render it futile where the receivership has substantially progressed.