Phillip George Lefevre v Andrew Gordon Rogerson, Walter Arnold Raby and Lofra Pty Ltd [FLR]

• Jurisdiction: Northern Territory
• Court: Supreme Court
• Judge: Mildren J
• Judgment Date: 29 April 1993
• Date: 29 April 1993
• Docket Number: Nos. 275 and 285 of 1992

(1993) 110 FLR 305

IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

Mildren J

Nos. 275 and 285 of 1992

Phillip George Lefevre

and

Andrew Gordon Rogerson, Walter Arnold Raby and Lofra Pty Ltd

Legal Practitioners (Incorporation) Act 1989,s7(2). Legal Practitioners Act,s57, Part VII, ss56,103(1),115.

Legal Practitioners Act,s103(1).

Legal practitioners — Partners — Practising company a deemed partnership — Recovery of fees payable to receiver from directors of company.

Receivers — Remuneration — Objection by liquidator of practising company to accounts — Liquidator not affected by order approving receiver's accounts and need not be heard — Accounts to be paid in accordance with Registrar's recommendation.

JUDGE1

Mildren J

1 This is an application made pursuant to s115(1) of the Legal Practitioners Act (‘the Act’) for an order determining the fees of a receiver appointed by the court pursuant to s103(1) of the Act.

HISTORY OF THE PROCEEDINGS

2 On 12 October 1992 on the application of Mr LeFevre, the Master of thisCourt, by order of the Full Court, Mr AC Garraway was appointed receiver of the trust property of Andrew Gordon Rogerson trading as Loftus and Cameron until further order. That order was made in action number 275 of 1992.

3 On 23 October 1992, the Master, in action number 285 of 1992, obtained an order appointing Mr Garraway receiver of the trust property of Lofra Pty Ltd trading as Loftus and Cameron and of the partnership between Andrew Gordon Rogerson and Walter Arnold Raby (the directors of Lofra Pty Ltd), deemed to exist by reason of s7(2) of the Legal Practitioners (Incorporation) Act, until further order.

4 On 24 October 1992, the court ordered proceedings No 275 of 1992 and 285 of 1992 to be consolidated. Orders were also made concerning the question of the determination of the receiver's fees in both matters. The receiver's claims for fees were referred to the registrar for a report, following a conference between the registrar, the receiver, Mr Rogerson and Mr Raby. Lofra Pty Ltd (‘Lofra’) was not specifically empowered to attend the conference in its independent capacity. It is to be noted however, that the orders made on 24 October were made by consent of all parties including that of Lofra, and that in any event Messrs Rogerson and Raby were the only directors of Lofra.

5 On 19 March 1993, by further order of this court, John Henderson Jackson was appointed provisional liquidator of Lofra.

6 Pursuant to the order of 24 October, the registrar has filed reports dated 2 April 1993 and 22 April 1993 recommending certain payments be made to the receiver for his fees and disbursements, and has referred the matter back to a judge in chambers for further consideration.

7 At the hearing before me on 8 April 1993, the provisional liquidator applied for an adjournment of any further consideration of the receiver's fees and disbursements. Mr Francis, who appeared for the provisional liquidator, sought an order granting the provisional liquidator 21 days to file with the registrar any notices of objection particularizing the grounds thereof which he may have to any of the receiver's accounts in relation to the receivership of the trust property of Lofra trading as Loftus and Cameron, and in relation to the trust property of the deemed partnership of Loftus and Cameron between Messrs Rogerson and Raby. The provisional liquidator's concern was, that either Rogerson or Raby may seek to prove in the liquidation any amounts ordered to be paid by them to the...