Barbagallo v Barbagallo [1999] QSC 253

" '\ ) ) State Reporting -(Y k-:> ~\ /3P-..AJZv sc 1q/0(~3 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 No 594 of 1999 PAUL A BARBAGALLO Plaintiff and CHARLES J BARBAGALLO Defendant CAIRNS .. DATE 19/07/99 JUDGMENT 1 -- 1 of 2 -- 190799 D.1 T10/RGC M/T CNS593/99 (Jones J) HIS HONOUR: Given the history of these proceedings and the fact that the main applications were initiated by Mr Paul Barbagallo and that he, on the material before me, has undertaken the primary effort in bringing this matter to a conclusion, it seems to me that his choice of liquidator receiver ought to prevail, notwithstanding that the recently suggested persons as receivers and manag~rs, namely Messrs Milner & Johnson are prepared to undertake the work at a lower rate. In making this decision I'm guided particularly by the expectation that the parties will resolve their differences at an early time and that as a consequence thereof, the time occupied by the receiver managers and particularly the expense associated with their time, will not result in significant expense for the parties. I adjourn the matter to allow a draft terms of order incorporating my decision that the receivers shall be Messrs Buckby and Dennis and that a mediation conference should be held in the presence of those receivers. The costs of the mediation will be included and the costs of the attendance of Mr Charles Barbagallo shall be costs of the partnership. 2 JUDGMENT 10 /-~) 2u. 30 40 50 60 -- 2 of 2 --