Casa Noosa Pty Ltd, Re [1992] QSC 442

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.) REVISED COPIES ISSUED State Rep.Jrting Bureau Date ~ SUPREME COURT OF QUEENSLAND "---- CHAMBERS LEE J ·No 1048 of 1992 RE: CASA NOOSA PTY LTD BRISBANE c •. DATE 24/12/92 ORDER .. c _..__ ,..... ______ rt..L..~--.L n_..: .... L .... - ..... A Al'\1\n 'T"-1---'------ '"...,~ ,...,..,_ ,._.,,.. ..... - -- 1 of 6 -- 241292 HIS HONOUR: Mr Sullivan, wy~ld you read out the terms of the updertakings_9greed to by. the parties. MR SULLIVAN: Both parties make undertakings in the followi~g terms until fu+ther order: 10 -- (1) That the applicant is entitled; subject to the undertakings herein, to the management and control .of . the_ business known as Pasta Mobile, Noosa (hereinafter referred to as 11 the 20 business" ) for two days of each week until the close of trading on each of those two days, being Monday and Tuesday of the week commencing 27 December 1992, Wednesday and Thursday of the week commencing 3 January 1993, Friday and Saturday of 30 the week co~encing 10 January 1993, Sunday and Monday of the week commencing 17 January 1993, 0 and sequentially thereafter. 0 <.2 )_ That the respondent is entitled, subject to the 40 undertakings herein, to the management and 0 control o.f the business on the remaining five days . of each week until the close of trading on each day. 50 (3 ) Neither the applicant nor. , the respondent shall attend upon the premises of the business on any day t~~t . the other has ma~a.gement and control of the business. 60 ~· .~. . .• -~· 2 ORDER -- 2 of 6 -- ,C c 241292 ( 4') Neither · the applicant nor · ~che respondent is entitled to employ or dismiss st;aff without the consent of the other. (5) Darren Beattie is appointed as bookkeeper of the business to undertake the following tasks on the following conditions: (a) Forthwith take and maintain possession of the books and records of the business, including the cashbooks, the wages books,. the duplicate dockets, the cash register tapes, the creditors ledger, the bank books, the cheque books and the invoice statements. ·' (b) The applicant and the respondent each have reasonable access to the said books and records in Mr Beattie's possession. 10 20 30 (c) That Mr Beattie collect or ·obtain the takings 40 of the business, together with the duplicate dockets, cash register tapes, and any records of cash expenditure 'and delivery dockets on a daily basis. (d) That upon collection by Mr Beattie of the said takings the proprietor:'· then- in control or .. management of the business be entitled to verify the extent of the takings. ORDER 50 60 -- 3 of 6 -- 241292 (e) Mr Beattie be paid $250 net of tax per week. (6)· That the business operate·a bank account in the company ~)>. name only~ operated on the joint ·signature of the applicant and the respondent and 10 that.any'funds of the company or the business be - ~ ' transferred into that account forthwith. (7) That the company vehicle be available for company purposes. (8) That the only persons entitled to operate and to clear the cash register till of the business be those persons nominated.by and agreed to by both 20 parties,· but ·not to include either the applicant 30 or the respondent~ ( 9 ) That both parties undertake not to sell, encumber or otherwise deal with the ·property of the company or of the business otherwise than in the ordinary course of business. ( 10) That the applicant return to the business the pasta machine ·referred to in the material filed herein as soon as possible. · · ·' ( 11) 'That the creditors Ryan, Hickie and Brazill '·referred ·to in the materiai filed herein be paid $5,00tr each; the first payment. to be made in the 4 ORDER 40 50 60 0 0 -- 4 of 6 -- ;C .. 241292 .week commencing 27 December 1992;. the second payment to be made in the week commencing 3 January. 1993; and the third such payment to be made on the week commencing 10 January 1993; but all payments to be .. subject to Mr Beattie being 10 satisfied that th:ere are adequate company funds to do so after payment of trade creditors, and that the said creditors be repaid thereafter such reasonable amounts as Mr Beattie determines. 20 (12) The parties undertake to use their endeavours to c=· arrange suitable tenure of the business premises. c (13) That Mr Beattie act as an arbitrator in the event that the parties are unable. to agree in respect 30 of any matters in relation to the management and control of the business and that each party agrees to accept the .decision of the arb~trator, subject to liberty to apply. ( 14) That the applicant . and the respondent be paid from the funds of the company $250 each per week. HIS HONOUR: The orders I make are upon all of the above undertakings ( 1 ) to ( 14) agreed to by the. parties until further order, the application,. by consent is _adjourned to a date to be fixed on two days' notice in writing; direct that 5 ORDER 40 50 60 -- 5 of 6 -- .·.-' ... 241292 the applicant deliver a statement of claim by 15 February 1993; direct that the respondent deliver a defence within 21 days after delivery of the statement of claim; the plaintiff Ill> to deliver reply thereto, if any, within seven days thereafter; each party file and serve an affidavit of 10 documents within 10 days after close of pleadings; inspection of documents to be completed within 14 days after the filing and serving of affidavits; a certificate of readiness to be filed before the matter is set down for 0 hearing; abridge the time for the signing and returning of 20 the duly attended certificate to five days; certify the matter be tried speedily. 0 By consent, costs reserved. 30 0 40 0 50 60 6 ORDER -- 6 of 6 --