Grant Samuel Corporate Finance Pty Ltd v Fletcher

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, KIEFEL, BELL, GAGELER AND KEANE JJMatter No S228/2014GRANT SAMUEL CORPORATE FINANCE PTY LIMITED  APPELLANTANDWILLIAM JOHN FLETCHER AND KATHERINEELIZABETH BARNET AS LIQUIDATORS OFOCTAVIAR LIMITED (RECEIVERS ANDMANAGERS APPOINTED) (IN LIQUIDATION)AND OCTAVIAR ADMINISTRATION PTYLIMITED (IN LIQUIDATION) & ORS  RESPONDENTSMatter No S229/2014JPMORGAN CHASE BANK, NATIONAL ASSOCIATION & ANOR  APPELLANTSANDWILLIAM JOHN FLETCHER AND KATHERINEELIZABETH BARNET AS LIQUIDATORS OFOCTAVIAR LIMITED (RECEIVERS ANDMANAGERS APPOINTED) (IN LIQUIDATION)AND OCTAVIAR ADMINISTRATION PTYLTD (IN LIQUIDATION) & ORS  RESPONDENTSGrant Samuel Corporate Finance Pty Limited v FletcherJPMorgan Chase Bank, National Association v Fletcher[2015] HCA 811 March 2015S228/2014 & S229/2014ORDERMatter No S228/20141.Appeal allowed with costs.2.Set aside paragraph 2 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 28 February 2014 and, in its place, order that:(a)the appeal is allowed with costs; and(b)paragraphs 1 and 3 of the order of Black J made on 8 February 2013 are set aside and, in their place, it is ordered that:(i)paragraph 2 of the order of Ward J made on 19 September 2011 is set aside and, in its place, it is ordered that the liquidators' application is dismissed; and(ii)the liquidators pay the costs of the proceedings.Matter No S229/20141.Appeal allowed with costs.2.Set aside paragraph 2 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 28 February 2014 and, in its place, order that:(a)the appeal is allowed with costs; and(b)paragraphs 1 and 3 of the order of Black J made on 8 February 2013 are set...