A test case decision in Sakr Nominees from the NSW Court of Appeal will be given tomorrow 9 March at 10.15am EST.
In my commentary on 12 January 2017, I said that the decision of Justice Black in PrimeSpace Property [2016] NSWSC 1821 (15 December 2016) might be seen as a worthy draft of the Court of Appeal decision in Sakr Nominees, heard only a week or so earlier.
In PrimeSpace, Justice Black examines the various approaches taken to remuneration in the different cases, including the decision of Brereton J in Sakr, in coming to a determination of administrators’ remuneration. He rejected the discount offered by the administrators and approved the remuneration in full. Issues of risk came down in favour of the administrators.
