Bruce & Co Pty Ltd v Nathayvan Pty Ltd [2006] QSC 314

State Reporting Bureau Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Claim No 354 of 2004 BRUCE & CO PTY LTD and NATHAYVAN PTY LTD CAIRNS .. DATE 08/09/2006 JUDGMENT REVISED COPIES ISSUED State Reporting Bureau Date: 8 September, 2006 Plaintiff Defendant ~RNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal ohff~nce. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for t e1r protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 08092006 T10/RGC M/T CNS1-2/2006 (Jones J) HIS HONOUR: By consent judgment dated the 7th of September 2004 the applicant was appointed as receiver and manager of a partnership known as Planet Cafe. The applicant in this role was authorised to collect, get in the assets, sell and dispose of assets and wind up the partnership. One of the orders - order 13 - required that an account be taken by the receiver and manager as to the amount due by each of the partners to the other. The winding-up process has revealed that the partnership assets will probably be unlikely to satisfy its liabilities. As a consequence the expenditure of further fees in preparing the accounts will only have the effect of denying creditors some of the benefits of winding-up. One of the partners consents to the Court making an order that the applicant be relieved from the burden of order 13. The other partner is unable to do that because the director of that corporate partner is bankrupt and is unable to act accordingly. The trustee in bankruptcy of the director, Mr Jonnson, has filed an affidavit acknowledging that whilst he cannot formally consent he recognises the benefits of the Court making the order sought by the applicant. On the material before me I too am of the view that compliance with the order would have no advantage and would more likely 2 JUDGMENT 1 10 -- 2 of 3 -- 08092006 TlO/RGC M/T CNSl-2/2006 (Jones J) cause detriment to those people whom the winding-up is sought 1 to assist. For those reasons I will make the order in terms of the draft initialled by me and placed with the papers to the effect that the applicant be relieved of the obligation under order 13 of judgment of the 7th of September 2004. 10 3 JUDGMENT -- 3 of 3 --