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Jonsson v Prendergast

 

[2002] QSC 71

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 1 of 2002

ANTHONY JAMES JONSSON and BRUCE POUTNEY MILNER

Applicants

and

 

JOHN ANTHONY PRENDERGAST

Respondent

CAIRNS

DATE 25/02/2002

JUDGMENT

HIS HONOUR: This is an application by the liquidators of Discover Dive Services Pty (in Liquidation) for orders that they be at liberty to sell a particular item of property held by the liquidated company. That property is a permit issued pursuant to the Great Barrier Reef Marine Park Regulations (Commonwealth) and the Marine Parks Regulations 1990 (Queensland). The permit in question is permit number G01/287. Mr Prendergast, the respondent, claims to have a beneficial interest in that permit, which permits the holder to undertake various diving operations in certain parts of the Great Barrier Reef. Apparently such a permit has some value, though its value is not set out in any material before me.

The liquidators wish to sell the permit quickly, but whilst Mr Prendergast maintains his claim, which to this point is unproven, it is difficult for them to do so without an order of the Court. The basis of Mr Prendergast's claim relates to some dealing which he had with the company prior to its liquidation. Mr Prendergast, when the matter came before the Court on a previous occasion, was unable to be located.

He does, however, maintain two business addresses within the jurisdiction, and on the 8th of February 2002 I made orders for service of the relevant documents by delivery to those business addresses. I am satisfied on the affidavit of Michael Jonsson filed on the 20th of February 2002 that service of this application was served on the 8th of February 2002.

I am informed that the realisable assets of the company are of relatively small value and the liquidators are at pains to reduce the level of legal costs which are to be incurred. The applicants seek orders in the alternative, the first, that the liquidators be at liberty to sell the permit and pay the proceeds into Court. The other alternative is that they be at liberty to sell the permit and deal with the proceeds as part of the winding up of the company.

Because of the size of the estate, the latter course finds more favour with me. However, I am conscious of the fact that the respondent has been given little time to respond to this application. He is a citizen of the United States of America, and even though one expects the fact that these proceedings are on foot would have been drawn to his attention, he has had little time to respond.

I propose, therefore, to order that the applicants be at liberty to sell the permit with the intention that they then distribute the proceeds in accordance with their obligations for winding up under the provisions of the Corporations Act 2001. I will, however, delay the date by which that sale can be effected, and I will give liberty to Mr Prendergast to apply within that time to seek to satisfy this order.

My orders, therefore, are that the applicants be at liberty to sell the permit number G01/287 issued in the name of Discover Dive Services Pty Ltd provided that such sale is not entered into prior to the 27th of March 2002. I order that upon such sale, the liquidators be at liberty to apply the proceeds of sale and distribute proceeds in accordance with their obligations on the winding up pursuant to the Corporations Act 2001. I give liberty to Mr Prendergast to apply to set aside this order by his giving notice to the applicants' solicitors no later than the 18th of March 2002. I order that the liquidators have costs of and incidental to this application.

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Editorial Notes

  • Published Case Name:

    Anthony James Jonsson v John Anthony Prendergast

  • Shortened Case Name:

    Jonsson v Prendergast

  • MNC:

    [2002] QSC 71

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    25 Feb 2002

Litigation History

No Litigation History

Appeal Status

No Status