Australian Securities and Investments Commission v Marco

THE COURT ORDERS THAT:

1. A Registrar of the Court is to review and fix the remuneration to which the Receivers are properly entitled for the period from 5 June 2021 to 3 September 2021 under orders 5, 6, 7 and 10 made in this proceeding on 7 December 2020.
2. The Registrar will advise the Receivers if the Registrar requires further information to fix the remuneration the subject of the application and copies of any such further information provided to the Registrar must also be provided to the Australian Securities and Investments Commission.
3. If the Registrar requests further information to fix the remuneration the subject of the application, the Receivers must provide such further information within 14 days of receipt of the Registrar's request.
4. As soon as reasonably practicable after receipt of the further information referred to in order 3, the Registrar is to fix the remuneration the subject of the application and deliver short written reasons for their determination.
5. Within 14 days of the Registrar fixing the remuneration and delivering their written reasons under order 4, the Receivers or any other party may apply to the Court to review the Registrar's determination and the Court may review the Registrar's determination and fix the remuneration the subject of the application. Interim payment of claimed remuneration by Receivers
6. Subject to the following, the remuneration of the Receivers for the period from 5 June 2021 to 3 September 2021 in the amount equivalent to 85% of $87,379.05 (incl of GST) is approved for payment on an interim basis: (a) if the amount paid on an interim basis under this order is greater than the amount determined by the Registrar under orders 1 or 4 or any subsequent determination by the Court under order 5, the Receivers are to refund the difference together with interest at the Westpac 6 month business term deposit rate applicable at the time of drawdown of the interim remuneration amount; and (b) if the Registrar or Court determines that the Receivers were entitled to recover any amount greater than the amount paid on an interim basis under this order, then the Receivers may drawdown such an amount upon the Registrar or Court making orders reflecting the determination.